Nolo was born in 1971 as a publisher of self-help legal books. Guided by the motto “law for all,” our attorney authors and editors have been explaining the law to everyday people ever since. Learn more about our history and our editorial standards.
Each article that we publish has been written or reviewed by one of our editors, who together have over 100 years of experience practicing law. We strive to keep our information current as laws change. Learn more about our editorial standards.
A political question—as distinguished from a legal question—is one that's best left for decision by the political branches (the executive or legislative branches) of the government. The political question doctrine traces its roots back to the country's earliest days. (See Marbury v. Madison, 5 U.S. 137, 170 (1803) ("Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.").)
When a political question is found to exist, it's nonjusticiable, meaning that a federal court lacks subject matter jurisdiction to decide the question. (See, for example, Rucho v. Common Cause, 588 U.S. ___ (2019) (political gerrymanders raise a nonjusticiable political question).)