Search results
Results from the WOW.Com Content Network
A ruling of nonjusticiability, in the end, prevents the issue that brought the case before the court from being resolved in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the court is either so specific that the Constitution gives sole power to one of the political branches, or the issue ...
Luther v. Borden, 48 U.S. (7 How.) 1 (1849), was a case in which the Supreme Court of the United States established the political question doctrine in controversies arising under the Guarantee Clause of Article Four of the United States Constitution (Art.
The Court split 6 to 2 in ruling that Baker's case was justiciable, producing, in addition to the opinion of the Court by Justice William J. Brennan, three concurring opinions and two dissenting opinions. Brennan reformulated the political question doctrine, identifying six factors to help in determining which questions are "political" in nature.
In West Virginia v. Environmental Protection Agency, major questions regarding our democracy arose between the conservatives and liberals on the Supreme Court.
John P. Krill, Jr. of K&L Gates represented Robert Jubelirer and John Perzel at the Supreme Court. The defense's argument rested on the claim that redistricting "requires inherent political choices to be made [which] are inappropriate for the judiciary to make" [2] under the political question doctrine. This rather extreme position posited that ...
In the years since the Supreme Court adopted the broader version of the major questions doctrine, legal scholars have criticized the doctrine along various lines. [3] These include arguments that the major questions doctrine is a symptom of "judicial self-aggrandizement," [ 4 ] that it is inconsistent with both textualism and originalism, [ 5 ...
Nixon v. United States, 506 U.S. 224 (1993), was a United States Supreme Court decision that determined that a question of whether the Senate had properly tried an impeachment was political in nature and could not be resolved in the courts if there was no applicable judicial standard.
Having already overturned its ruling that redistricting was a purely political question in Baker v. Carr, 369 U.S. 186 (1962), the Court ruled to correct what it considered egregious examples of malapportionment; these were serious enough to undermine the premises underlying republican government.