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 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).