8 Ohio opinions name it 2 courts 1997–2024 1 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
DeRolph v. Stategreen2 sentences2001See id. at 380-381 , 754 N.E.2d at 1244-1245 . 2001See id. at 380-381 , 754 N.E.2d at 1244-1245 . | 2 | 2 |
DeRolph v. Stategreen2 sentences2017Appellees contend appellants state no claim with this argument, however, also argue the system is equitable because it “is free of incentives, guarantees quota to each license every year, and recognizes the past catch history for each license.” {¶ 30} “The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of the legislature or the confines of the Executive Branch.” See Derolph v. State, 78 Ohio St.3d 193, 266 , 677 N.E.2d 733 (1997) (Moyer, J., dissent 2017Appellees contend appellants state no claim with this argument, however, also argue the system is equitable because it “is free of incentives, guarantees quota to each license every year, and recognizes the past catch history for each license.” {¶ 30} “The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of the legislature or the confines of the Executive Branch.” See Derolph v. State, 78 Ohio St.3d 193, 266 , 677 N.E.2d 733 (1997) (Moyer, J., dissent | 1 | 2 |
Vieth v. Jubelirergreen2 sentences2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). 2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). | 1 | 1 |
Harbury Ex Rel. Estate of Bamaca-Velasquez v. Haydengreen2 sentences2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). 2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). | 1 | 1 |
United States v. Munoz-Floresgreen1 sentence2024The political question doctrine “is designed to restrain the Judiciary from inappropriate interference in the business of the other branches of Government.” United States v. Munoz-Flores, 495 U.S. 385, 394 (1990). | 1 | 1 |
Lane v. Halliburtongreen2 sentences2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). 2024Baker at 217 ; see, e.g., Vieth at 306 (“We * * * decline to adjudicate these political gerrymandering claims.”); Lane v. Halliburton, 529 F.3d 548, 565 (5th Cir.2008) (“Invocation of the political question doctrine implicates the district court’s jurisdiction.”); Harbury v. Hayden, 522 F.3d 413, 421 (D.C.Cir.2008) (“[W]e must dismiss Harbury’s claims based on the political question doctrine.”). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Japan Whaling Ass'n v. American Cetacean Society
green
2 sentences2001“The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of [the legislature] or the confines of the Executive Branch.” Japan Whaling Assn. v. Am. 99 SUPREME COURT OF OHIO Cetacean Soc. (1986), 478 U.S. 221, 230 , 106 S.Ct. 2860, 2866 , 92 L.Ed.2d 166, 178 . {¶ 269} In Baker v. Carr (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , the United States Supreme Court identified six characteristics of political questions, any one of which may render a con 2001“The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of [the legislature] or the confines of the Executive Branch.” Japan Whaling Assn. v. Am. 99 SUPREME COURT OF OHIO Cetacean Soc. (1986), 478 U.S. 221, 230 , 106 S.Ct. 2860, 2866 , 92 L.Ed.2d 166, 178 . {¶ 269} In Baker v. Carr (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , the United States Supreme Court identified six characteristics of political questions, any one of which may render a con | 3 | 2001–2017 |
Baker v. Carr
green
2 sentences2001“The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of [the legislature] or the confines of the Executive Branch.” Japan Whaling Assn. v. Am. 99 SUPREME COURT OF OHIO Cetacean Soc. (1986), 478 U.S. 221, 230 , 106 S.Ct. 2860, 2866 , 92 L.Ed.2d 166, 178 . {¶ 269} In Baker v. Carr (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , the United States Supreme Court identified six characteristics of political questions, any one of which may render a con 2001“The political question doctrine excludes from judicial review those controversies which revolve around policy choices and value determinations constitutionally committed for resolution to the halls of [the legislature] or the confines of the Executive Branch.” Japan Whaling Assn. v. Am. 99 SUPREME COURT OF OHIO Cetacean Soc. (1986), 478 U.S. 221, 230 , 106 S.Ct. 2860, 2866 , 92 L.Ed.2d 166, 178 . {¶ 269} In Baker v. Carr (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , the United States Supreme Court identified six characteristics of political questions, any one of which may render a con | 3 | 1997–2001 |
Powell v. McCormack
green
2 sentences1997Walter discounted the justiciability argument and any reliance on Baker v. Carr, (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , finding that Baker did not represent the Supreme Court’s most recent pronouncement on the issue, and “whatever viability this doctrine had was certainly greatly dampened by the later decision in Powell v. McCormack (1969), 395 U.S. 486 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 .” Walter., 58 Ohio St.2d at 384 , 12 O.O.3d at 336 , 390 N.E.2d at 823 . 1997Walter discounted the justiciability argument and any reliance on Baker v. Carr, (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , finding that Baker did not represent the Supreme Court’s most recent pronouncement on the issue, and “whatever viability this doctrine had was certainly greatly dampened by the later decision in Powell v. McCormack (1969), 395 U.S. 486 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 .” Walter., 58 Ohio St.2d at 384 , 12 O.O.3d at 336 , 390 N.E.2d at 823 . | 1 | 1997–1997 |
United States of America Ex Rel. Joel D. Joseph, and Joel D. Joseph v. Howard W. Cannon
green
1 sentence1997Joseph v. Cannon (C.A.D.C. 1981), 642 F.2d 1373, 1379 . {¶ 215} The fact that this lawsuit implicates other branches of government, or has political overtones, does not automatically invoke the political question doctrine. | 1 | 1997–1997 |
Board of Education v. Walter
green
2 sentences1997Walter discounted the justiciability argument and any reliance on Baker v. Carr, (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , finding that Baker did not represent the Supreme Court’s most recent pronouncement on the issue, and “whatever viability this doctrine had was certainly greatly dampened by the later decision in Powell v. McCormack (1969), 395 U.S. 486 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 .” Walter., 58 Ohio St.2d at 384 , 12 O.O.3d at 336 , 390 N.E.2d at 823 . 1997Walter discounted the justiciability argument and any reliance on Baker v. Carr, (1962), 369 U.S. 186 , 82 S.Ct. 691 , 7 L.Ed.2d 663 , finding that Baker did not represent the Supreme Court’s most recent pronouncement on the issue, and “whatever viability this doctrine had was certainly greatly dampened by the later decision in Powell v. McCormack (1969), 395 U.S. 486 , 89 S.Ct. 1944 , 23 L.Ed.2d 491 .” Walter., 58 Ohio St.2d at 384 , 12 O.O.3d at 336 , 390 N.E.2d at 823 . | 1 | 1997–1997 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.