1、CRS Legal Sidebar Prepared for Members and Committees of Congress Legal SidebarLegal Sidebari i The Constitutional Avoidance Doctrine: The Last Resort Rule (Part 2 of 3) March 29, 2022 The Constitutional Avoidance Doctrine (see CRS Legal Sidebar LSB10719, The Modes of Constitutional Analysis: The Co
2、nstitutional Avoidance Doctrine (Part 9) is a set of rules the Supreme Court has developed to guide federal courts in disposing of cases that raise constitutional questions in order to minimize tensions that arise when an unelected federal judiciary sets aside laws enacted by Congress or state legis
3、latures. Under the Constitutional Avoidance Doctrine, federal courts should interpret the Constitution only when it is a “strict necessity.” In a concurring opinion in Ashwander v. Tennessee Valley Authority, Justice Louis Brandeis identified seven rules comprising the Constitutional Avoidance Doctr
4、ine: (1) the Rule Against Feigned or Collusive Lawsuits; (2) Ripeness; (3) Judicial Minimalism; (4) the Last Resort Rule; (5) Standing and Mootness; (6) Constitutional Estoppel; and (7) the Constitutional-Doubt Canon. Rules (1), (2), (5), and (6) inform whether a court can hear a case (i.e., whether
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