Tao
Tao v. Arovast Corporation
Opinion
Opinion
facts, we do not recount them at length here. We affirm.
Plaintiff failed to establish that his claims are prudentially ripe. “The
ripeness doctrine is ‘drawn from both Article III limitations on judicial power and
from prudential reasons for refusing to exercise jurisdiction.’” Nat’l Park Hosp.
Ass’n v. Dep’t of Interior, 538 U.S. 803, 808 (2003) (quoting Reno v. Cath. Soc.
Servs., Inc., 509 U.S. 43, 57 n.18 (1993)).
As a threshold matter, we first address Plaintiff’s request that we abrogate
the doctrine of prudential ripeness. We cannot. We acknowledge that “[t]he
Supreme Court has stated that the prudential ripeness doctrine is ‘in some tension’
with ‘the principle that a federal court’s obligation to hear and decide cases within
its jurisdiction is virtually unflagging.’” Planned Parenthood Great Nw., Hawaii,
Alaska, Indiana, Kentucky v. Labrador, 122 F.4th 825, 840 (9th Cir. 2024)
(quoting Susan B. Anthony List v. Driehaus, 573 U.S. 149, 167 (2014)) (cleaned
up). However, “the Supreme Court’s observation in Driehaus does not relieve us
of our obligation, as a panel, to follow our prudential ripeness precedents.”
Stockton v. Brown, 152 F.4th 1124, 1148–49 (9th…