The Political Question Doctrine: An Introduction (Part 1)

"This Legal Sidebar is the first in a six-part series that discusses the Supreme Court’s political question doctrine, which instructs that federal courts should forbear from resolving questions when doing so would require the judiciary to make policy decisions, exercise discretion beyond its competency, or encroach on powers the Constitution vests in the legislative or executive branches. By limiting the range of cases federal courts can consider, the political question doctrine is intended to maintain the separation of powers and recognize the roles of the legislative and executive branches in interpreting the Constitution. Understanding the political question doctrine may assist Members of Congress in recognizing when actions of Congress or the executive branch would not be subject to judicial review. For additional background on this topic and citations to relevant sources, please see the Constitution of the United States, Analysis and Interpretation.

The political question doctrine limits the ability of the federal courts to hear constitutional questions even where other justiciability requirements—such as standing, ripeness, and mootness—are met. The Supreme Court has stated that, for purposes of Article III of the Constitution, “no justiciable ‘controversy’ exists when parties seek adjudication of a political question.” The term political question is a legal term of art that on its face gives little indication of what sorts of cases the doctrine bars federal courts from deciding. The phrase, which has its origins in Chief Justice Marshall’s landmark opinion in Marbury v. Madison, is potentially misleading, as federal courts deal with political issues, in the sense of controversial and government-related issues, all the time. Rather than referring generally to any such political issue, the term political question expresses the principle that some issues are either entrusted solely to another branch of government or beyond the competence of the judiciary to review. A finding that a matter qualifies as a political question divests federal courts of jurisdiction, meaning they lack the power to rule on the matter.."
Supreme Court Political Doctrine