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0 tracked cards Constitutional Law

A senator sent a letter asking a federal district court to declare whether a proposed bill would be constitutional before Congress votes on it. In a separate action, a medical-device manufacturer sued for a declaratory judgment after a federal agency sent a final warning letter stating that the manufacturer's current sales violate federal law and that penalties will begin in 30 days unless sales stop.
Which statement best describes Article III's case-or-controversy requirement?

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The court may not hear the manufacturer's case unless the agency has already imposed a fine. The court must decide the senator's request before the bill passes because pre-enactment review is always required for constitutional questions. The court may answer the senator's request because the Constitution gives federal courts power to advise Congress on proposed legislation. The court may hear the manufacturer's declaratory judgment action if there is a concrete dispute of sufficient immediacy and reality, but it may not issue the senator's requested advisory opinion.

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