When Is International Law a Political Question?
In a provocative essay posted on SSRN, The Political Question Doctrine and International Law, TLB Advisor Curt Bradley looks at the historical relationship between the political question doctrine and international law, arguing that “the political question doctrine emerged in part to allow the political branches, rather than the courts, to make determinations about this country’s—and…
Continue ReadingThe Political Question Doctrine in the Lower Courts
Curt Bradley and Eric Posner have posted to SSRN a fascinating new paper about the political question doctrine. In The Real Political Question Doctrine, they take an empirical look at cases applying the doctrine in the lower federal courts since the Supreme Court’s 1962 decision in Baker v. Carr. Among other things, they find that…
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