jrdaustin said:
So does the way our legal system is designed make it impossible to challege the plan until it becomes operational?
It seems to me that it is kind of like someone building a skycraper designed with a bomb built into the foundation - and everyone knowing about it. No problem at all until someone detonates it.
Has to do with appellate rules for when judicial review is or is not available for a remedy that then are followed by lower courts. We have all heard repeatedly about one of them...named standing to sue. Corollaries to that are known as "actual controversy" and "ripeness."
The reason for these rules is that they should not be giving advisory opinions in the absence of an actual case to decide. So, is there really a harm that can be addressed if it hasn't happened yet and may not happen ever? If no, there is no actual controversy.
Ripeness usually addressed the procedural posture of a case, that is has there been a final order entered from which an appeal can be considered? Which is why, going back to your analogy of the bomb in the foundation, rulings made during pretrial proceedings are rarely appealable. Those bombs can be removed by the trial court and not made final.
Example, the NYC Trump case in which Merchan was the judge. Totally screwed up the trial and most notably, the jury instructions. Reversible error big time BUT he never entered the final order/judgment on the jury verdict so an appeal was not ripe, yet.
HTH.