Mullin v. Doe · ¶107

Other familiar principles likewise bar judicial review of constitutional claims. An obvious one is sovereign immunity, “a monument to the principle that some constitutional claims can go unheard.” Webster, 486 U. S., at 613 (Scalia, J., dissenting). Because of sovereign immunity, no one can sue the Federal Government for damages without a waiver, even if he brings a constitutional claim and even if damages are his only possible remedy. Likewise, “courts cannot examine” “the President’s actions on subjects within his ‘conclusive and preclusive’ constitutional authority,” regardless of whether he violates the Constitution in exercising that authority. Trump v. United States, 603 U. S. 593, 609 (2024). The Constitution thus does not require that courts be able to hear all constitutional claims.

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