MISCELLANEOUS MATTERS: Judicial Review: Political Questions


2001

United States v. New, 55 MJ 95 (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 courtís 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 Presidentís 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 Presidentís use of the Armed Forces).


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