political question doctrine in Iowa

2026Today’s case is nothing like Baker, where the Supreme Court declined to review Tennessee’s congressional reapportionment plan, 369 U.S. at 187–88, nor does it resemble the other cases the majority cites for the political question doctrine: King v. State, 818 N.W.2d 1, 4 , 17–18 (Iowa 2012) (declining to adjudicate dispute over control of public education), and Des Moines Reg. & Trib.

2021Turner v. Scott, 269 N.W.2d 828 (Iowa 1978) (en banc)); see also King, 818 N.W.2d at 21 n.17 (“There is a political question doctrine in Iowa as elsewhere.”).

2021Piper v. State, the Washington Court of Appeals recently affirmed the dismissal on political question grounds of a lawsuit seeking to use the public trust doctrine to achieve the regulation of greenhouse gas emissions. 480 P.3d 438 , 447–49 (Wash. Ct. App. 2021); see also Kanuk, 335 P.3d at 1090–91 (finding claims seeking specific relief based on the public trust doctrine to be barred by the political question doctrine and that other, more general claims should have been dismissed on prudential grounds); Butler ex rel.

2021Piper v. State, the Washington Court of Appeals recently affirmed the dismissal on political question grounds of a lawsuit seeking to use the public trust doctrine to achieve the regulation of greenhouse gas emissions. 480 P.3d 438 , 447–49 (Wash. Ct. App. 2021); see also Kanuk, 335 P.3d at 1090–91 (finding claims seeking specific relief based on the public trust doctrine to be barred by the political question doctrine and that other, more general claims should have been dismissed on prudential grounds); Butler ex rel.

2014Zivotofsky v. Clinton, — U.S. -, -, 132 S.Ct. 1421, 1427 , 182 L.Ed.2d 423, 429 (2012) (quoting Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 , 404, 5 L.Ed. 257, 291 (1821)).

2014Zivotofsky v. Clinton, — U.S. -, -, 132 S.Ct. 1421, 1427 , 182 L.Ed.2d 423, 429 (2012) (quoting Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 , 404, 5 L.Ed. 257, 291 (1821)).

2014Power Co., 582 F.3d at 326 ; Alperin v. Vatican Bank, 410 F.3d 532, 552 (9th Cir.2005) (noting the political question doctrine does not arise because the case “is unmanageable in the sense of being large, complicated, or otherwise difficult to tackle from a logistical standpoint”).

2014Power Co., 582 F.3d at 326 ; Alperin v. Vatican Bank, 410 F.3d 532, 552 (9th Cir. 2005) (noting the political question doctrine does not arise because the case “is unmanageable in the sense of being large, complicated, or otherwise difficult to tackle from a logistical standpoint”). 63 Turning to the third factor, there is no need for an initial policy determination by another branch of government.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014See, e.g., Comer v. Murphy Oil USA Inc. (Comer II), 585 F.3d 855, 869-76 (5th Cir.2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir.2010); Connecticut v. Am.

2014See, e.g., Comer v. 55 Murphy Oil USA, Inc. (Comer II), 585 F.3d 855 , 869–76 (5th Cir. 2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir. 2010); Connecticut v. Am.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014La. 2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries . . . are not precluded by the political question doctrine.

2014See, e.g., Comer v. Murphy Oil USA Inc. (Comer II), 585 F.3d 855, 869-76 (5th Cir.2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir.2010); Connecticut v. Am.

2014See, e.g., Comer v. 55 Murphy Oil USA, Inc. (Comer II), 585 F.3d 855 , 869–76 (5th Cir. 2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir. 2010); Connecticut v. Am.

2014See, e.g., Comer v. Murphy Oil USA Inc. (Comer II), 585 F.3d 855, 869-76 (5th Cir.2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir.2010); Connecticut v. Am.

2014See, e.g., Comer v. 55 Murphy Oil USA, Inc. (Comer II), 585 F.3d 855 , 869–76 (5th Cir. 2009), reh’g granted, 598 F.3d 208, 210 (5th Cir.), dismissed on reh’g for lack of quorum, 607 F.3d 1049 , 1055 (5th Cir. 2010); Connecticut v. Am.

2026Today’s case is nothing like Baker, where the Supreme Court declined to review Tennessee’s congressional reapportionment plan, 369 U.S. at 187–88, nor does it resemble the other cases the majority cites for the political question doctrine: King v. State, 818 N.W.2d 1, 4 , 17–18 (Iowa 2012) (declining to adjudicate dispute over control of public education), and Des Moines Reg. & Trib.

2021Although there have been some precursors, the seminal case in which the United States Supreme Court considered what became known as the political question doctrine was Baker v. Carr. 369 U.S. 186 , 82 S. Ct. 691 (1962).

2026Co. v. Dwyer, 542 N.W.2d 491 , 494–95 (Iowa 1996) (en banc) (declining to require release of senate phone records). 2.

2021In Des Moines Register & Tribune Co. v. Dwyer, a newspaper and freedom of information organization claimed that the detailed call records of the state senate were public records and that state officials violated the open records law by declining to produce them. 542 N.W.2d 491 , 493–94 (Iowa 1996) (en banc).

2021The political question doctrine was also examined in a unanimous opinion in Freeman v. Grain Processing Corp., 848 N.W.2d 58 , 89–94 (Iowa 2014).

2021Id. at 94 .

2021The next case involving the political question doctrine is Luse v. Wray, which involved an election law case where only 24 votes separated two candidates for the house of representatives. 254 N.W.2d 324, 325 (Iowa 1977) (en banc).

2021That the majority has decided the merits of the public trust issue is best seen in its discussion of the political question doctrine, explaining it is “not persuaded” that the plaintiffs have made a showing of a deprivation of their own individual constitutional rights, thereby distinguishing Luse v. Wray, 254 N.W.2d 324 , 327–28 (Iowa 1977) (en banc).

2021Turner v. Scott, 269 N.W.2d 828 (Iowa 1978) (en banc)); see also King, 818 N.W.2d at 21 n.17 (“There is a political question doctrine in Iowa as elsewhere.”).

2021Turner v. Scott, 269 N.W.2d 828 (Iowa 1978) (en banc)); see also King, 818 N.W.2d at 21 n.17 (“There is a political question doctrine in Iowa as elsewhere.”).

2021In Powell v. McCormack, the Supreme Court applied the political question doctrine in the context of the qualifications of a person elected to Congress. 395 U.S. 486 , 518–49, 89 S. Ct. 1944 , 1962–78 (1969).

2021In Powell v. McCormack, the Supreme Court applied the political question doctrine in the context of the qualifications of a person elected to Congress. 395 U.S. 486 , 518–49, 89 S. Ct. 1944 , 1962–78 (1969).

2014Achille Lauro Ed Altri-Gestione Motonave Achille Lauro in Amministrazione Straordinaria, 937 F.2d 44, 49 (2d Cir.1991) (“Although no one factor is dispositive, Justice Brennan, the author of Baker, has suggested that the first [factor] ... is of particular importance ... [and the absence of this factor] strongly suggests that the political question doctrine does not apply.” (Citation omitted.)).

2014Anchille Lauro Ed Altri-Gestione Motonave Achille Lauro in Amministrazione Straordinaria, 937 F.2d 44 , 49 (2d Cir. 1991) (“Although no one factor is dispositive, Justice Brennan, the author of Baker, has suggested that the first [factor] . . . is of particular importance . . . [and the absence of this factor] strongly suggests that the political question doctrine does not apply.” (Citation omitted.)).

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2014See, e.g., Gordon v. Texas, 153 F.3d 190, 195 (5th Cir.1998) (“Monetary damages might but typically do not require courts to dictate policy ... nor do they constitute a form of relief that is not judicially manageable.”); Koohi v. United States, 976 F.2d 1328, 1332 (9th Cir.1992) (“Damage actions are particularly judicially manageable.”); Barasich v. Columbia Gulf Transmission Co., 467 F.Supp.2d 676, 679-80, 683 (E.D.La.2006) (holding demand for damages justiciable); Mallinckrodt, Inc., 706 S.W.2d at 221 (“[I]ndividual tort recoveries ... are not precluded by the political question doctrine.

2021League of Women Voters v. Commonwealth, 178 A.3d 737, 824 (Pa. 2018) (reaching the merits of a reapportionment case).

2021Id. at 1002, 100 S. Ct. at 536 (Rehnquist, J., concurring).

2021And, in INS v. Chadha, the Court noted “the presence of constitutional issues with significant political overtones does not automatically invoke the political question doctrine.” 462 U.S. 919 , 942–43, 103 S. Ct. 2764, 2780 (1983). 4.

2021And, in INS v. Chadha, the Court noted “the presence of constitutional issues with significant political overtones does not automatically invoke the political question doctrine.” 462 U.S. 919 , 942–43, 103 S. Ct. 2764, 2780 (1983). 4.

2014Zivotofsky v. Clinton, — U.S. -, -, 132 S.Ct. 1421, 1427 , 182 L.Ed.2d 423, 429 (2012) (quoting Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 , 404, 5 L.Ed. 257, 291 (1821)).

2014Zivotofsky v. Clinton, — U.S. -, -, 132 S.Ct. 1421, 1427 , 182 L.Ed.2d 423, 429 (2012) (quoting Cohens v. Virginia, 19 U.S. (6 Wheat.) 264 , 404, 5 L.Ed. 257, 291 (1821)).

2014Cf. Luther v. Borden, 48 U.S. (7 How.) 1, 38-39 , 12 L.Ed. 581, 597-98 (1849) (applying the political question doctrine to the martial law used by the charter government of Rhode Island during the Dorr Rebellion in part because of the consequences associated with effectively declaring one proffered government illegal).

2014Cf. Luther v. Borden, 48 U.S. (7 How.) 1, 38-39 , 12 L.Ed. 581, 597-98 (1849) (applying the political question doctrine to the martial law used by the charter government of Rhode Island during the Dorr Rebellion in part because of the consequences associated with effectively declaring one proffered government illegal).