Political Question or Judicial Query: An Examination of the Modern Doctrine and Its Inapplicability to Human Rights Mass Tort Litigation

Abstract

This article discusses the implications of the political question doctrine on mass tort claims stemming from international human rights violations, concluding that the use of the doctrine is inappropriate for both practical procedural reasons and for policy reasons. Part II defines and analyzes the political question doctrine, outlining its current direction in the context of human rights mass tort litigation. Part III discusses the recent history of human rights litigation in the context of class actions litigated in U.S. courts. Part IV discusses whether the political question doctrine is truly at issue in these human rights cases, concluding that the doctrine is not relevant, while Part V asserts that even if the court does legitimately get to the political question doctrine issue, then it does not apply.