camreta greene personally next friend minor et argued march decided may nearly decade ago petitioner camreta state child protective services worker petitioner alford county deputy sheriff interviewed oregon elementary school allegations father sexually abused warrant parental consent conduct interview eventually stated abused father stood trial abuse jury failed reach verdict charges later dismissed mother respondent hereinafter subsequently sued camreta alford behalf damages alleging interview breached fourth amendment proscription unreasonable seizures district granted summary judgment officials ninth circuit affirmed appeals first ruled seizing absent warrant order parental consent exigent circumstances violated constitution held officials entitled qualified immunity damages liability clearly established law warned illegality conduct explained chosen rule merits constitutional claim officials notice dispense traditional fourth amendment protections context although judgment entered favor camreta alford petitioned review ninth circuit ruling conduct violated fourth amendment declined review decision officials immunity held generally may review lower constitutional ruling behest government officials final judgment qualified immunity grounds pp relevant statute confers unqualified power grant certiorari upon petition party language covers petitions brought litigants prevailed well lost courts pp appeal brought prevailing party may satisfy article iii requirement comply requirement litigants must demonstrate personal stake suit summers earth island institute petitioner stake suffered caused conduct complained favorable decision lujan defenders wildlife opposing party also must ongoing interest dispute case features concrete adverseness sharpens presentation issues los angeles lyons parties must necessary stake outset litigation throughout course arizonans official english arizona long litigants possess requisite personal stake appeal presents case controversy matter appealing party prevailing party see deposit guaranty nat bank roper electrical fittings thomas betts article iii standard often met immunized officials seek challenge determination conduct violated constitution ruling may prospective effect parties long remains good law official regularly engages challenged conduct part job camreta must either change way performs duties risk meritorious damages action official thus demonstrate injury causation redressability conversely person initially brought suit may subject challenged conduct stake preserving holding ongoing protection practice pp prudential practice declining hear appeals prevailing parties bar consideration immunized officials petitions recognized exceptions prudential rule policy reaso sufficient importance allow appeal winner deposit guaranty reason exists qualified immunity cases constitutional rulings prevailing parties ask consider cases significant future effect conduct public officials policies government units belong rulings designed produce effect establishing controlling law preventing invocations immunity later cases moreover designed permission promote clarity observance constitutional rules taken together features qualified immunity cases support bending usual rule permit consideration immunized officials petitions begin nature suits bivens six unknown fed narcotics agents plaintiff may seek money damages government officials violated constitutional statutory rights officials entitled qualified immunity dismiss damages claim without ever deciding merits qualified immunity situation threatens leave standards official conduct permanently limbo prevent problem permitted lower courts determine whether right exists examining whether clearly established see pearson callahan ninth circuit followed exactly process settle question constitutional law thereby guide future conduct officials given purpose effect decision reviewable immunized official behest usual prevailing party rule applied official either acquiesce ruling opportunity contest defy lower view adhere declared illegal practice invite law suits possible punitive damages applying usual bar review undermine purpose process clarify constitutional rights without undue delay bunting mellen scalia dissenting denial certiorari purpose may justify appellate reaching beyond immunity defense decide constitutional issue may support reviewing correctness lower decision holding limited two respects first addresses authority review cases procedural posture need decide appellate also entertain appeal party prevailed immunity grounds second holding concerns may review actually choose review going forward consider prevailing parties petitions one one accord usual standards granting certiorari pp separate jurisdictional problem requires dismiss case threshold case moot dispute kind plaintiff defendant ordinarily retain stake outcome true camreta remains employed child protective services worker interest challenging ninth circuit ruling requiring obtain warrant conducting interview longer claim plaintiff usual stake preserving holding longer needs protection challenged practice moved florida months away birthday presumably high school graduation subsequent events ke absolutely clear allegedly wrongful behavior reasonably expected recur live controversy review concentrated phosphate export civil suit becomes moot pending appeal authority direct entry appropriate judgment decree order require proceedings may circumstances established practice vacate judgment see munsingwear ensure prevented obtaining review entitled treated review ibid point vacatur prevent unreviewable decision spawning legal consequences constitutional ruling qualified immunity case legally consequential decision happenstance prevents review ruling normal rule apply vacatur rightly strips decision binding effect deakins monaghan clears path future relitigation munsingwear mootness frustrated camreta ability challenge ninth circuit ruling must obtain warrant interviewing suspected child abuse victim school part ninth circuit decision must vacated pp vacated part remanded kagan delivered opinion roberts scalia ginsburg alito joined scalia filed concurring opinion sotomayor filed opinion concurring judgment breyer joined kennedy filed dissenting opinion thomas joined bob camreta petitioner sarah greene personally next friend minor minor james alford deputy sheriff deschutes county oregon petitioner sarah greene personally next friend minor minor writs certiorari appeals ninth circuit may justice kagan delivered opinion almost decade ago state child protective services worker county deputy sheriff interviewed girl elementary school oregon allegations father sexually abused girl mother subsequently sued government officials child behalf damages rev stat claiming interview infringed fourth amendment appeals ninth circuit agreed ruling officials violated constitution failing obtain warrant conduct interview appeals held qualified immunity shielded officials monetary liability constitutional right issue clearly established existing law two officials sought review ninth circuit ruling fourth amendment granted petitions examine two questions first may officials prevail grounds qualified obtain review appeals decision conduct violated constitution second may consider cases procedural posture ninth circuit correctly determine interview breached fourth amendment conclude generally may review lower constitutional ruling behest government official granted immunity may case reasons peculiar case become moot child grown moved across country never subject oregon interviewing practices whose constitutionality issue therefore reach fourth amendment question case line normal practice mootness frustrates party right appeal see munsingwear vacate part ninth circuit opinion decided fourth amendment issue february police arrested nimrod greene suspected sexual abuse young boy unrelated investigation offense boy parents told police suspected greene molesting daughter police reported information oregon department human services assigned petitioner bob camreta child protective services caseworker assess safety several days later camreta accompanied petitioner james alford deschutes county deputy sheriff went elementary school interviewed allegations alford warrant obtained parental consent conduct interview although first denied father molested eventually stated abused greene indicted stood trial sexually abusing jury failed reach verdict charges later dismissed respondent sarah greene mother subsequently sued camreta alford behalf damages authorizes suits state officials violations constitutional rights alleged officials interview breached fourth amendment proscription unreasonable district granted summary judgment camreta alford ninth circuit affirmed appeals first ruled interview violated rights camreta alford seize interrogate absence warrant order exigent circumstances parental consent omitted held officials entitled qualified immunity damages liability clearly established law warned illegality conduct ninth circuit explained chosen rule merits constitutional claim rather merely hold officials immune suit addressing legality interview said provide guidance charged difficult task protecting child welfare within confines fourth amendment guidance came uncertain terms overnment officials investigating allegations child abuse warned cease operating assumption need automatically justifies dispensing traditional fourth amendment protections context although judgment entered favor camreta alford petitioned review ninth circuit ruling conduct violated fourth amendment declined review decision officials immunity granted certiorari ii first consider ability act petition brought government officials final judgment grounds qualified immunity object appellate ruling violated plaintiff constitutional rights camreta alford without doubt prevailing parties ninth circuit decision shielded monetary liability chose contest ruling whatever else follows pay damages sought question confront whether may nonetheless review appeals holding officials violated constitution statute governing jurisdiction authorizes us adjudicate case posture contend otherwise relevant provision confers unqualified power grant certiorari upon petition party emphasis added language covers petitions brought litigants prevailed well lost see gressman geller shapiro bishop hartnett practice ed hereinafter stern gressman however alleges two impediments exercise statutory authority one constitutional prudential first claims article iii bars review petitions submitted immunized officials present case controversy see brief respondent second argues settled practice declining hear appeals prevailing parties apply full force officials obtained immunity see disagree counts article iii constitution grants authority adjudicate legal disputes context cases controversies enforce limitation demand litigants demonstrate personal stake suit summers earth island institute slip internal quotation marks omitted see also parole geraghty party invoking authority stake three conditions satisfied petitioner must show suffered injury fact caused conduct complained redressed favorable decision lujan defenders wildlife internal quotation marks omitted opposing party also must ongoing interest dispute case features concrete sharpens presentation issues los angeles lyons internal quotation marks omitted ensure case remains fit adjudication parties must necessary stake outset litigation throughout course arizonans official english arizona previously recognized appeal brought prevailing party may satisfy article iii requirement see deposit guaranty nat bank roper indeed twice allowed party judgment entered challenge unfavorable lower ruling see ibid electrical fittings thomas betts context others stated critical question article iii whether litigant retains necessary personal stake appeal deposit guaranty explain usually invoke rules federal appellate practice decline review prevailing party challenge even requisite stake see infra case article iii poses bar rules practice source jurisdictional limitations constitution deposit guaranty long litigants possess personal stake discussed appeal presents case controversy matter appealing party prevailing party article iii standard often met immunized officials seek challenge ruling conduct violated constitution made retrospective judgment lawfulness officials behavior judgment unaccompanied personal liability rather judgment may prospective effect parties case says although official immune damages today violates constitution anyone else thing personally liable official regularly engages conduct part job camreta suffers injury caused adverse constitutional ruling long continues effect must either change way performs duties risk meritorious damages action cf discussing prevailing party stake ruling prospective effects overturning ruling appeal official gain clearance engage conduct future thus demonstrate demand injury causation conversely person initially brought suit may subject challenged conduct stake preserving holding see erie pap honig doe cf lyons examining whether plaintiff shown sufficient likelihood wronged similar way ruling remains good law ongoing protection practice therefore reject view article iii bars us adjudicating challenges brought government officials received immunity victor filed appeal deprive us jurisdiction parties cases may yet sufficient interest outcome litigated issue present case controversy deposit guaranty article iii aside important question judicial policy remains matter practice prudence generally declined consider cases request prevailing party even constitution allowed us see gunn university comm end war viet nam new york telephone maltbie per curiam see also bunting mellen scalia dissenting denial certiorari ur practice reflects refusal entertain appeal party issue prevailed quoting stern gressman ed resources well spent superintending word lower utters en route final judgment petitioning party favor see california rooney per curiam hat appeal reached decision analysis different might used make appropriate prevailing party request us review therefore adhered rigor principle reviews judgments statements opinions ibid internal quotation marks omitted occasions departed principle pointed policy reaso sufficient importance allow appeal winner deposit guaranty think reason places qualified immunity cases special category comes review appeals brought winners constitutional determinations prevailing parties ask us consider cases mere dicta statements opinions rooney internal quotation marks omitted see bunting scalia dissenting denial certiorari stating determination mere dictum ordinary sense rulings significant future effect conduct public officials prevailing parties policies government units belong see supra rulings designed produce effect establishing controlling law preventing invocations immunity later cases still rulings designed way permission promote clarity observance constitutional rules describe detail qualified immunity world came hold taken together support bending usual rule permit consideration immunized officials petitions begin nature suits invoked case bivens six unknown fed narcotics agents plaintiff may seek money damages government officials violated constitutional statutory rights ensure fear liability unduly inhibit officials discharge duties anderson creighton officials may claim qualified immunity long violated clearly established right shielded personal liability harlow fitzgerald means often avoid ruling plaintiff claim particular right exists prior case law clearly settled right given officials fair notice simply dismiss claim money damages need never decide whether plaintiff claim even though novel otherwise unsettled fact merit indeed usual adjudicatory rules suggest forbear resolving issue longstanding principle judicial restraint requires courts avoid reaching constitutional questions advance necessity deciding lyng northwest indian cemetery protective see also ashwander tva brandeis concurring category qualified immunity cases enter judgment without ever ruling perhaps difficult constitutional claim plaintiff raised small wonder might leave issue another day long recognized day may never come regular policy avoidance sometimes fit qualified immunity situation threatens leave standards official conduct permanently limbo county sacramento lewis consider plausible unsettled constitutional claim asserted government official suit money damages resolve claim official immunity thus persists challenged practice knows avoid liability future damages action law still clearly established another plaintiff brings suit another awards immunity bypasses claim moment decision courts fail clarify uncertain questions fail address novel claims fail give guidance officials comply legal requirements see ibid wilson layne qualified immunity thus may frustrate development constitutional precedent promotion behavior pearson callahan reason permitted lower courts avoid avoidance determine whether right exists examining whether clearly established see ibid lewis indeed time required courts considering qualified immunity claims first address constitutional question promote law elaboration case case saucier katz recently left matter discretion lower courts indeed detailed range circumstances courts address immunity question see pearson general courts think hard think hard turning small cases large ones remains true following sequence defining constitutional rights conferring immunity sometimes beneficial clarify legal standards governing public officials see discussing factors courts consider making determination appeals followed exactly process exactly reasons said may select circumstances make advantageous noted earlier explained address ing prongs qualified immunity inquiry provide guidance charged difficult task protecting child welfare within confines fourth amendment end adopted constitutional standards govern interviews suspected child abuse victims see specifically instructed government officials follow standards going forward cease operating assumption warrantless interviews permitted see law thus clearly established officials conduct kind interview receive immunity ninth circuit state oregon done expect wake decision provided revised legal advice consonant ninth circuit ruling child protective services workers wishing interview children schools see tr oral arg thus accomplished set settle question constitutional law thereby guide conduct officials given purpose effect decision reviewable behest immunized official mere dictum constitutional ruling preparatory grant immunity creates law governs official behavior usual rule pertaining prevailing parties applied official fac unenviable choice must either acquiesce ruling opportunity contest defy views lower adhere practices declared illegal thus invite new suits potential punitive damages pearson internal quotation marks brackets omitted usual bar review applied undermine purpose served process clarify constitutional rights without undue delay bunting scalia dissenting denial certiorari needless say also plays role clarifying rights purpose may justify appellate reaching beyond immunity defense decide constitutional issue purpose may support reviewing correctness lower emphasize however two limits today holding first addresses authority review cases procedural posture ninth circuit consider whether hear appeal immunized official appealed judgment officials favor therefore need decide appellate entertain appeal party prevailed immunity second holding concerns may review actually choose review different matter choice governed ordinary principles informing decision whether grant certiorari power sparingly exercis forsyth hammond see also grants review circumstances case satisfy us importance question involved necessity avoiding conflict lower courts matter affecting interests nation demands exercise rule decision today exempt one special category cases usual rule considering prevailing parties petitions going forward consider petitions one one accord usual standards iii although reject arguments dismissing case threshold find separate jurisdictional problem requires result case conclude explained supra dispute kind plaintiff defendant ordinarily retain stake outcome true one defendant camreta remains employed child protective services worker interest challenging ninth circuit ruling requiring obtain warrant conducting longer claim plaintiff usual stake preserving holding longer need protection challenged practice granted certiorari discovered moved florida ha intention relocating back oregon brief respondent months away birthday presumably high school graduation see therefore affected appeals ruling faces slightest possibility seized school ninth circuit jurisdiction part child abuse investigation subsequent events ke absolutely clear allegedly wrongful behavior reasonably expected recur live controversy review concentrated phosphate export see atherton mills johnston suit contesting validity child labor statute mooted longer within ages affected act defunis odegaard per curiam suit challenging law school admissions policy mooted plaintiff neared graduation time distance combined stymied ability consider petition camreta makes one counterargument avers continuing interest ninth circuit constitutional ruling may help establish municipal liability claim deschutes county see tr oral arg initial complaint charged county official policy unconstitutionally subjecting schoolchildren police interrogation see supra finding evidence policy even assuming unlawful seizure occurred case district granted summary judgment county app pet cert pp appeal ruling although recently sought reinstate claim county district denied motion docket entry whatever interest might municipal liability claim still pending issue need decide think dismissed claim different defendant involving separate legal theory save case mootness see commodity futures trading board trade chicago posner ne never certain findings made decision concluding one lawsuit day control outcome another suit enough avoid mootness case ever moot thus must decide dispose case civil suit becomes moot pending appeal authority direct entry appropriate judgment decree order require proceedings may circumstances established though exceptionless practice situation vacate judgment see munsingwear alvarez smith slip party seeks review merits adverse ruling frustrated vagaries circumstance emphasized fairness forced acquiesce ruling bancorp mortgage bonner mall partnership equitable remedy vacatur ensures prevented obtaining review entitled treated review munsingwear contends vacatur inappropriate qualified immunity context disposition undermine appeals choice decide constitutional questio govern future cases brief respondent tr oral arg far counseling vacatur argument reveals necessity procedural course point vacatur prevent unreviewable decision spawning legal consequences party harmed called preliminary adjudication munsingwear explained ruling qualified immunity case legally consequential decision reason think appropriate review even behest prevailing party see supra happenstance prevents review occurring normal rule apply vacatur rightly strips decision binding effect deakins monaghan clears path future relitigation munsingwear case happenstance moving across country becoming adult deprived camreta appeal rights mootness frustrated ability challenge appeals ruling must obtain warrant interviewing suspected child abuse victim school therefore vacate part ninth circuit opinion addressed issue remand proceedings consistent see arave hoffman per curiam selig pediatric specialty care ordered bob camreta petitioner sarah greene personally next friend minor minor james alford deputy sheriff deschutes county oregon petitioner sarah greene personally next friend minor minor writs certiorari appeals ninth circuit may justice scalia concurring join opinion reasonably applies precedents strange though may alternative solution justice kennedy suggests see post dissenting opinion end extraordinary practice ruling upon constitutional questions unnecessarily defendant possesses qualified immunity see saucier katz parties asked us adopt approach willing consider appropriate case bob camreta petitioner sarah greene personally next friend minor minor james alford deputy sheriff deschutes county oregon petitioner sarah greene personally next friend minor minor writs certiorari appeals ninth circuit may justice sotomayor justice breyer joins concurring judgment agree conclusion case moot vacatur appropriate disposition unlike majority however go exchange majority justice kennedy demonstrates question whether camreta prevailing party obtain review ninth circuit constitutional ruling difficult one warrant reaching question clearly longer genuine case controversy parties us see sinochem malaysia shipping noting readily dispose case one threshold ground reach another one difficult determine indeed improper us cf bancorp mortgage bonner mall partnership federal may decide merits legal question posed article iii case controversy majority suggests must decide whether camreta right appeal order vacate judgment munsingwear see ante see also ante view accord past practice see arizonans official english arizona ordering vacatur district judgment without resolv ing grave doubts petitioners appellate standing deciding whether state attorney general right intervene party concluding statutory authority present argument appeal consistent principles underlying mootness jurisprudence see walling james reuter judgment become moot may make disposition whole case justice may require accordance normal procedure disposing cases become moot fault party seeking review see bancorp munsingwear simply vacate portion ninth circuit opinion camreta sought challenge remand instructions dismiss see indiana state police pension trust chrysler llc per curiam bob camreta petitioner sarah greene personally next friend minor minor james alford deputy sheriff deschutes county oregon petitioner sarah greene personally next friend minor minor writs certiorari appeals ninth circuit may justice kennedy justice thomas joins dissenting today decision results emerging rather troubling consequence reasoning recent qualified immunity cases correct note problem presented one hand precedents permit invite courts rule merits constitutional claim even qualified immunity disposes matter hand jurisdictional principles prevent us reviewing invited rulings seem clarification required view however correct solution override jurisdictional rules basic functioning necessity avoiding advisory opinions dictum though precedent may utility treated judgment standing acknowledging problem confronts concern rule adopted case calls respectful dissent acknowledges settled refusal entertain appeal including petition certiorari party issue prevailed ante internal quotation marks omitted outset however important state rule fully show foundational character party already obtained judgment requested may seek review challenge reasoning judicial decision said many occasions reviews judgments statements opinions california rooney per curiam internal quotation marks omitted see also chevron natural resources defense council collecting cases rule noted followed since early years question appellate judgment correct ground judgment professes proceed mcclung silliman wheat rule hearing appeals accepting petitions certiorari prevailing parties related article iii prohibition issuing advisory opinions principle underlies example settled rule hearing cases involving disputed judgment based grounds state law justice jackson explained ur power correct wrong judgments revise opinions permitted render advisory opinion judgment rendered state corrected views federal laws review amount nothing advisory opinion herb pitcairn point repeated force clarity see michigan long power one render judgments advisory opinions plaut spendthrift farm internal quotation marks omitted rule hearing appeals prevailing parties applies countless situations many involving government parties deficient performance may yield prejudice strickland washington defective warrant may entitled reliance leon unreasonable search may cured inevitable discovery doctrine nix williams myriad situations error identified conclusion affect ultimate judgment entered contexts established prevailing party may appeal conclusion holds true even though statement merits adverse consequences prevailing party appeal use analysis may adverse state interests allow state claim status losing party purposes review rooney supra nonetheless holds defendants prevail courts appeals based qualified immunity may still obtain review point put perspective fact today altogether unprecedented disposition says vacates judgment rather part ninth circuit opinion ante conclusion unsettling implications even reading cases almost invariable rule prevailing parties permitted obtain writ certiorari cf kalka hawk cadc concluding apparently never granted certiorari petition party prevailed appellate today however common prevailing parties seek certiorari based newfound exception even though admonition reviewing mere statements opinions special force statements raise questions settled practice avoid unnecessary decision issues fcc pacifica foundation defends holding citations two cases ante neither provides support result first case electrical fittings thomas betts plaintiff alleged infringement two patent claims district found plaintiff first claim valid infringed second claim invalid rather issuing judgment dismissing bill without district instead entered decree adjudging claim valid dismissing bill failure prove infringement district thus issued formal judgment regarding validity first claim defendant appealed dispute claim validity noted without qualification party may appeal judgment decree favor purpose obtaining review findings deems erroneous necessary support decree went explain decree purports adjudge validity claim though adjudication immaterial disposition cause stands adjudication one issues litigated ibid words district entered unnecessary legal conclusion terms judgment making possible example decree estoppel effect issue whose resolution unnecessary proper judgment dismissal electrical fittings therefore concluded petitioners entitled portion decree eliminated ibid sole relief provided order reformation decree ibid result accords indeed flows settled rule reviews judgments statements opinions second case deposit guaranty nat bank roper case plaintiffs attempted bring class action bank district denied class certification defendant tendered plaintiffs maximum value recover individuals course offer amount ha requested complaint namely relief class rehnquist concurring therefore surprise plaintiffs responded counteroffer judgment attempted reserve right appeal adverse class certification ruling opinion proposal denied based bank offer district entered judgment respondents favor objection district thus issued judgment one plaintiffs sought class plaintiffs appealed later granted certiorari held appeal barred rule view denial class certification example procedural ruling collateral merits litigation appealable entry final judgment explained plaintiffs obtained judgment individual capacities yet plaintiffs asserted personal stake appeal desire shift successful class litigants portion fees expenses incurred litigation see also purported prevailing parties injured failure obtain judgment sought held jurisdiction entertain appeal review asserted procedural error purpose passing merits ibid clear district denial class certification direct effect judgment electrical fittings purported prevailing parties entitled portion district judgment reviewed ibid neither electrical fittings deposit guaranty provides support rule adopted today decisions instead held unusual circumstances presented particular parties first appeared prevailed fact failed obtain judgments sought therefore jurisdiction including course jurisdiction article iii provide relief harm caused adverse judgments entered parties seeking appeal electrical fittings deposit guaranty might compared plaintiffs requested relief obtained parties prevailed part receive ha sought deposit guaranty supra contrast appears assume petitioners present case true prevailing parties obtained appeals formal judgment requested denial respondent claim damages points policy concerns basis willingness hear appeals prevailing parties ante concerns unwarranted one dissenting opinion suggested certiorari granted reach merits determination locked inside favorable qualified immunity ruling bunting mellen scalia dissenting denial certiorari dissenting opinion issued response rule constitutional issues decided every case involving qualified immunity yet mandated rule decision disapproved dissent argument longer applicable see pearson callahan indeed today suggests still allow review merits even case provoked dissent unlike petitioner camreta petitioner bunting left government employ filing petition certiorari lacked standing obtain review compare stevens respecting denial certiorari ante instant case thus appears first new exception prevailing party rule might applied even exception neither necessary sufficient merits adjudicated fourth amendment question decided bound arise future cases indeed reasoning decision implicates number decisions courts appeals cf collecting cases yet today decision supply courts appeals guidance merits issues instead vacates part reasoning decision thereby leaving decisions intact unreviewed thus resolves difficult constitutional issues provides unprecedented answer important question judicial policy end ante errs reading electrical fittings deposit guaranty permit review indeed provision relief disconnected judgment result erroneous unbounded exception essential principle judicial restraint parties obtained requested relief may seek review ii today decision illustrates recent qualified cases tend produce decisions tension conventional principles adjudication given courts appeals permission find constitutional violations ordering dismissal summary judgment based qualified immunity ante see pearson supra invitation correct note intended produce binding constitutional holdings merits ante goal make dictum precedent order hasten gradual process constitutional interpretation alter behavior government defendants ibid present case brings difficulties objective perspective express reliance permission granted pearson appeals went way announce may erroneous interpretation constitution case law ninth circuit must give dictum legal effect precedent future cases way unnecessary merits decisions qualified immunity cases come resemble declaratory judgments injunctions indeed amicus curiae contends merits decision effect similar injunction declaratory judgment government whole brief amicus curiae today opinion adopts view providing relief vacatur part ninth circuit opinion namely part opinion rules constitutional merits ante first time obiter dictum treated precedent future cases judgment right appeals case fact issue declaratory judgment injunction embodying determination merits appear judgment kind issued plaintiffs must establish standing form relief request yet plaintiff case separate interest obtaining declaratory judgment see los angeles lyons citing ashcroft mattis per curiam golden zwickler see also medimmune genentech likelihood plaintiff daughter subjected interrogation school much less interrogated camreta seem greater stake obtaining declaratory judgment plaintiff lyons obtaining injunction see noting actual controversy must exist declaratory judgment entered qualified immunity cases permit plaintiffs constitutional cases make around established principles justiciability treating dictum though declaratory judgment injunction appears approve issuance judgments outside bounds article iii jurisdiction creates exception prevailing party rule order solve difficulties created qualified immunity jurisprudence solution creates new problems sometimes defendants qualified immunity cases particular interest disputing constitutional merits acknowledging much notes petitioner alford longer works government lost interest fourth amendment ruling ante concluding alford lacks article iii standing suggests lack jurisdiction review perhaps even vacate merits decision appeals respondent sued alford ibid cf arizonans official english arizona discussing standing obtain review well jurisdiction vacate judgments issued without jurisdiction suggestion disconcerting today decision appears ability review merits determinations qualified immunity cases contingent defendant sued defendant left government employ otherwise lacks interest disputing merits unable obtain review see ante discussing article iii limits relief ante discussing limitations equitable vacatur authority today avoids difficulty concluding petitioner camreta suffered article iii injury ante cf ante decide questions arise alford defendant reach conclusion part job camreta regularly engages conduct made unlawful reasoning appeals ante discussed conclusion doubtful see infra event standing analysis inapplicable qualified immunity cases cf ante asserting article iii standard often met officer sued taking extraordinary action using excessive force car chase little possibility constitutional decision merits influence officer conduct officer like petitioner alford petitioner bunting interest litigating merits appeals rule seem unable obtain review merits ruling petitioning certiorari see ante ante ante see also lyons supra problem arise great frequency qualified immunity cases decision today allows plaintiffs obtain binding constitutional determinations merits lie beyond jurisdiction review thus fails solve problem identifies iii doubtful article iii permits appeals officer reasoning judicial decision might applied later suit yet appears implication holding favorable appeals cause petitioner camreta suffer article iii injury entitling appeal cf supra discussing electrical fittings deposit guaranty asarco kadish finding article iii controversy petitioner challenged final judgment altering tangible legal rights contrary camreta injured decision greater extent hundreds government officers might argue affected unnecessary statements made appeals notes limit authority entertain appeals prevailing parties certain statutory directives directives interpreted shaped allow expanded powers review ante even congress give explicit permission certiorari petitions filed person instead party constitutional definition case controversy still constrain jurisdiction analysis appears rest premise reasoning decision causes camreta injury today however precedential reasoning general applicability divorced particular adverse judgment thought yield standing appeal parr opinion harlan nly one injured judgment sought reviewed appeal see also supra chathas local ibew posner adverse dicta appealable rulings cause harm sort harm courts deem create genuine controversy within meaning article iii constitution judgments appealable opinions citations omitted department cadc williams ere precedential effect within agency alone enough create article iii standing matter foreseeable future litigation citing radiofone fcc cadc opinion scalia explaining standing must arise particular activity agency adjudication approved mere precedential effect agency rationale later adjudications oxford shipping new hampshire trading breyer since judgment appealed party favor since statement made sense necessary judgment statement dictum known basis appeal dictum revealing creates exception prevailing party rule making clear courts appeals follow suit context see ante conclusion precedent general applicability create standing sue appeal flows basic principles camreta asserted injury caused appeals respondent rather independent action third party private plaintiffs whose lawsuits camreta hopes avoid lujan defenders wildlife internal quotation marks omitted circumstance distinguishes present case requests declaratory injunctive relief filed officeholders threaten legal enforcement inert rule law cause particular concrete injury specific threat enforcement proper defendant suit prospective relief party prepared enforce relevant legal rule plaintiff see medimmune explaining declaratory relief requires controversy parties adverse legal interests sufficient immediacy reality internal quotation marks omitted babbitt farm workers plaintiff challenges statute must demonstrate realistic danger sustaining direct injury result statute operation enforcement without adverse judgment appeal camreta effect filed new declaratory judgment action appeals consistent article iii filing declaratory judgment action issuance adverse precedent congress response enactment unconstitutional law iv today decision proves isolated anomaly might find necessary reconsider special permission courts appeals may issue unnecessary merits determinations qualified cases binding precedential effect dynamics permit law constitution elaborated within conventional framework case controversy development constitutional law means entirely dependent cases defendant may seek qualified immunity pearson example qualified immunity bar fourth fifth amendment suppression challenges see kentucky king ante prevent invocation constitution defense criminal prosecution civil suit cruel unusual punishment see snyder phelps graham florida lawrence texas qualified immunity available constitutional suits municipalities case illustrates ante cases make clear moreover officials still notice conduct violates established law even novel factual circumstances hope pelzer rule permits clearly established violations found extreme though actions violate constitution see ibid furthermore constitutional plaintiffs may seek declaratory injunctive relief pursuant standard principles justiciability plaintiffs need pearson special rule see citizens federal election mcdonald chicago event incremental advance law occurs even clearly established violations found inevitable aspect judicial decisionmaking resolution one legal question factual dispute casts light next preferable least explore refinements qualified immunity jurisprudence altering basic principles jurisdiction instance objectives qualified immunity might satisfied bar reaching merits issuing judgment requested damages nominal substantial attorney fees waived allowed cf farrar hobby discussing unavailability attorney fees nominal damages relief hewitt helms harlow fitzgerald carey piphus discussing propriety providing nominal damages relief desire resolve constitutional questions lead altering jurisdictional rules precise object legal tradition tells us resist haste resolve constitutional issues never thought advisable instead encouraged courts appeals follow older wiser judicial counsel pass questions constitutionality unless adjudication unavoidable scott harris breyer concurring internal quotation marks omitted see generally ashwander tva brandeis concurring experience teaches persuasive reason reverse normal principles judicial review qualified immunity cases compare pearson supra siegert gilley kennedy concurring judgment seems reverse usual ordering issues tell trial appellate courts resolve constitutional question first opinion saucier katz yet puzzling misadventure constitutional dictum still come end leval judging constitution dicta dicta rev instances courts discuss merits qualified immunity cases sometimes better analytic approach preferred allocation judicial time resources dismiss claim merits rather dismiss based qualified immunity often may difficult decide whether right clearly established without deciding precisely existing constitutional right happens pearson supra internal quotation marks omitted superintend judicial decisionmaking process qualified immunity cases special rules lest make judicial process complex civil rights suits litigation follows however provide special permission reach merits qualified immunity cases treated like cases raising constitutional questions settled principles avoidance apply conventional rules regarding dictum holding judicial observations made course explaining case might give important instruction relevant assessing later claim qualified immunity cf wilkinson russell calabresi concurring dicta remarks establish law qualify binding precedent see seminole tribe florida distance qualified immunity jurisprudence taken us foundational principles made apparent today decision must construe two precedents broad manner taken proper logical confines vacate reasoning decision accepts obiter dictum binding precedent judgment susceptible plenary review dismiss case note jurisdictional rule hearing appeals prevailing parties precludes petitioners attempt obtain review judicial reasoning disconnected judgment footnotes together alford deputy sheriff deschutes county oregon greene personally next friend minor et also certiorari footnotes greene filed suit next friend minor daughter refer respondent throughout opinion also sued deschutes county alleging policy unconstitutionally seizing children public schools see district rejected claim appeal ruling ninth circuit ibid dissent discusses deposit guaranty electrical fittings length effort distinguish suit see post opinion kennedy say cases foursquare one facts rely proposition previously identified special article iii bar review appeals brought parties obtained judgment favor dissent dispute simple point contrary dissent view see post injury official thus occurs independent future suit brought third party indeed suit likely arise prospect damages liability force official change conduct constitutional issue arise case qualified immunity unavailable example suit enjoin future action municipality litigating suppression motion criminal proceeding lewis decision case break repetitive cycle qualified immunity defenses described kinds constitutional questions often come alternative settings pearson callahan see lewis noting avenues ill necessarily open dissent complains decision allows plaintiffs obtain binding constitutional determinations merits lie beyond jurisdiction review post case decision prior precedents allow lower courts issue binding constitutional determinations qualified immunity cases even plaintiff entitled money damages decision dissent insulate rulings power review note however considerations persuading us permit review petitions posture may force applied district decision decision federal district judge binding precedent either different judicial district judicial district even upon judge different case moore et moore federal practice ed many courts appeals therefore decline consider district precedent determining constitutional rights clearly established purposes qualified immunity see kalka hawk cadc tatel concurring part concurring judgment collecting cases otherwise said district decisions unlike courts appeals necessarily settle constitutional standards prevent repeated claims qualified immunity justice sotomayor maintains case moot warrant reaching th question whether immunized officials may obtain consideration adverse constitutional ruling post opinion concurring judgment never held may consider one threshold issue per case explain infra discussion reviewability critical ultimate disposition suit moreover issue fully litigated granted certiorari consider whether ninth circuit constitutional ruling reviewable notwithstanding appeals ruled officials favor qualified immunity grounds pet cert parties well amicus curiae addressed question briefs oral arguments compare brief petitioner pp brief petitioner reply brief petitioner pp reply brief petitioner pp brief amicus curiae tr oral arg brief respondent tr oral arg said deputy sheriff alford briefs parties informed us alford longer works deschutes county law enforcement see brief respondent reply brief petitioner alford participate child abuse investigation lost interest fourth amendment ruling see supra cf arizonans official english arizona holding plaintiff challenge state law affecting performance job duties mooted left state employment light camreta continuing stake alford altered circumstances immaterial resolution dispute decide questions arise defendant analysis proper disposition case follows conclusion government officials secure favorable judgment immunity grounds may obtain review adverse constitutional holding see supra noted munsingwear justified vacatur protect litigant right appeal lost opportunity due happenstance therefore left lower decisions intact mootness deprive appealing party review entitled see bancorp mortgage holding appealing party surrender ed claim equitable remedy vacatur settling case thus voluntarily forfeit ing legal remedy ordinary processes appeal karcher may holding vacatur light mootness warranted losing party declined file appeal immunized officials challenge appellate decision choose exercise equitable authority vacate decision even case later became moot explained theory underlies prior cases applying munsingwear satisfied vacatur expunges adverse decision reviewable case become moot see arizonans finding vacatur proper mooting event occurred arizona attorney general pursuing right present argument appeal disposition case differs slightly normal munsingwear order vacating lower judgment remanding case instructions dismiss relevant claim leave untouched appeals ruling qualified immunity corresponding dismissal claim chose challenge ruling vacate ninth circuit ruling addressing merits fourth amendment issue explained supra part decision mootness prevents us reviewing prospective effects camreta see walling james reuter observing suit becomes moot may make disposition whole case justice may require emphasize unique disposition follows unique posture case signals endorsement deviations usual munsingwear order situations