AALS Open Source Program

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Session Type: AALS Open Source Programs

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This program focuses on controversial issues concerning to justiciability, with a special focus on the political question doctrine. The Supreme Court’s recent ruling in Rucho v. Common Cause, within our hyperpolarized political environment, has focused renewed attention on the political question doctrine. Commentators disagree on whether it is purely a jurisdictional limitation on federal courts or excludes state courts from addressing federal constitutional issues as well. Similar disagreement exists over whether the doctrine relates only to justiciability, or instead is a matter of substantive constitutional law. The political question doctrine also highlights disputes over departmentalism. We explore various perspectives on these issues.