Advisory Opinion
A non-binding statement issued by a court or legal body expressing its opinion on a legal question, without actually resolving a live case or controversy.
A non-binding statement issued by a court or legal body expressing its opinion on a legal question, without actually resolving a live case or controversy.
Example: Some state supreme courts can issue advisory opinions to the governor or legislature, but the U.S. Supreme Court strictly refuses to issue them, adhering to the ‘case or controversy’ requirement of Article III.
Common misconception: The U.S. Supreme Court regularly advises the President on the constitutionality of proposed laws. The Court strictly avoids advisory opinions to maintain separation of powers and only rules on actual, concrete disputes.