Britannica Sources used in this answer

How does the political-question doctrine affect which cases the Supreme Court will decide?

Created from Britannica articles using AI. AI can make mistakes, so verify using Britannica articles.

A person ascends the steps of the west facade of the United States Supreme Court Building in Washington, D.C., with its tall columns and a round fountain in the foreground. — Supreme Court of the United States The west facade of the U.S. Supreme Court building, Washington, D.C.

The political-question doctrine serves as a limit on the Supreme Court of the United States’s power of judicial review. Under this doctrine, the Court refuses to adjudicate certain issues that it deems more appropriate for resolution by the political branches—Congress and the president—rather than the judiciary.1

When the Court identifies an issue as a political question, it deems the matter nonjusticiable, meaning it will not apply constitutional standards to the case or provide a ruling on its merits. Historically, this has included:12

Governmental Structure: Issues such as whether a state maintains a republican form of government, as mandated by Article IV of the Constitution.1
Foreign Policy and Military Affairs: Matters like the constitutionality of specific wars.1
Partisan Gerrymandering: In Rucho v. Common Cause (2019), the Court ruled that claims regarding partisan gerrymandering are political questions beyond the reach of federal courts because they lack judicially discernible and manageable standards for adjudication.2

The doctrine does not, however, prevent the Court from intervening in politically sensitive cases, such as those involving executive privilege or disputed elections, provided the Court finds a justiciable legal controversy.1