Brause v. State, Department of Health & Social Services

I disagree with the court's conclusion that the issue in this case is not ripe for adjudication; therefore I dissent. This court's standing jurisprudence indicates a willingness to adjudicate claims where the injury claimed is but "an identifiable trifle.1 Here, Brause *361and Dugan's claimed injury far exceeds the identifiable trifle necessary to give them standing and is sufficiently imminent to make their - constitutional - challenge of AS 25.05.013(b) ripe for an immediate decision.

I first note my opposition to the court's reliance on federal law as the law defining the doctrine of ripeness…