Last resort rule

In U.S. constitutional law, the last resort rule is a largely prudential rule which gives a federal court the power to avoid a constitutional issue in some circumstances. It is one the seven rules of the constitutional avoidance doctrine established in Ashwander v. Tennessee Valley Authority (1936) and requires that the Supreme Court of the United States to "not [rule] upon a constitutional question, although properly presented by the record, if there is also present some other ground upon which the case may be disposed of. ... [I]f a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter."[1][2]

  1. ^ Ashwander v. Tennessee Valley Authority, 297 U.S. 288, 347 (1936)
  2. ^ Nolan, Andrew (September 2, 2014). The Doctrine of Constitutional Avoidance: A Legal Overview (Report). Congressional Research Service. p. 9. Archived from the original on December 30, 2023. Retrieved December 27, 2023.

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