Federal Courts Still Lack Authority to Issue Advisory Opinions
It is not often that federal court opinion begins by referencing the Judiciary Act of 1789, but sometimes it is called for.
Earlier this month, Judge Eric Murphy of the U.S. Court of Appeals for the Sixth Circuit wrote a short gem of an opinion in Bowles v. Whitmer reminding us all (including the litigants before him) that federal courts lack the authority to issue advisory opinions.
His opinion for a unanimous panel begins:
The Judiciary Act of 1789 required Justices of the Supreme Court to “ride circuit” by traveling great distances to resolve cases on the new circuit courts. See Pub. L. No. 1-20, § 4, 1 Stat. 73, 74–75. Losing litigants could then appeal their decisions to the Supreme Court. See id. § 13, 1 Stat. at 81. Some Justices raised “constitutiona
Article from Reason.com
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