Section Three Is Not A “Political Question”

Source: The Volokh Conspiracy
by Will Baude & Michael Paulsen

“Are questions of the proper legal interpretation and application of Section Three of the Fourteenth Amendment nonjusticiable ‘political questions’ – that is, questions that federal courts lack legal power to decide? The simple answer is no. … Some federal courts, however, and even some state courts (where the political question doctrine’s applicability is more disputed), have issued confused and confusing opinions on the doctrine in Section Three cases. At the risk of taxing readers’ patience, we explain here a bit more fully why Section Three issues are not political questions.” (02/07/24)