Ruth Bauer v. The State of Texas, the Presiding Judge of Probate Court Number 3 of Harris County, Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that plaintiff lacked standing to obtain a declaration that state guardianship statutes are unconstitutional when her guardianship proceeding had concluded
• holding that the test for 14 Case: 13-51025 Document: 00512897504 Page: 15 Date Filed: 01/12/2015 No. 13-51025 an “actual controversy” is nearly identical to the test for Article III standing
• seeking to enjoin “discriminatory practice” for “passport applications submitted by citizens born with a midwife in attendance”
• finding there was no adversity between judge and plaintiff as to whether state probate statute was unconstitutional where judge acted in adjudicative capacity in appointing guardian ad litem under state probate statute
• “This court has often held that plaintiffs lack standing to seek prospective relief against judges where the likelihood of future encounters is speculative.”
• “The requirement of a justiciable controversy [under Article III of the Constitution] is not satisfied where a judge acts in his adjudicatory capacity.” (citations omitted)

Source: CourtListener parenthetical corpus (CC0).