- judicial review of a political question is precluded where a court finds one or more of the following: a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; of the impossibility of a court’s undertaking independent resolution without expressing lack of the respect due coordinate branches of the government; or an unusual need for unquestioning adherence to a political decision already made; or the potentiality of embarrassment from multifarious pronouncements by various departments on one question
- the determination whether lawfulness of an order to deploy is a political question and thus nonjusticiable is reviewed on a de novo standard
- military judge properly declined to rule on the constitutionality of the President’s decision to deploy the Armed Forces in Former Yugoslavian Republic of Macedonia as a nonjusticiable political question; courts have consistently refused to consider the issue of the President’s use of the Armed Forces
CAAF Opinion Digest · V.G.3 · Judicial Review
Political Questions
1 digested opinion, 2001–2001 Terms
2001
Source and status
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Last updated by the court: Oct 13, 2026 · mirrored Oct 29, 2026 · digest page VG3 · Always confirm a holding against the opinion itself (linked from each case name).