Remedial Problems at the Intersection of the Political Question Doctrine, Standing, and Equitable Discretion

Abstract

In the absence of clear guidance from the Court defining the specific contours of the political question doctrine or providing a framework for its application in relation to other doctrines with overlapping concerns, lower courts may be more likely to apply the political question doctrine in cases where dismissal on other grounds would be more appropriate. This article contends that reliance on the political question doctrine to dismiss cases because of remedial concerns that overlap with the same concerns in the doctrines of standing or equitable discretion represents an unwarranted expansion of the political question doctrine.

Keywords: political question, equitable discretion, standing, remedial considerations