political question doctrine in Illinois

2026She further asserted that an analysis of the six characteristics of cases that are inappropriate for judicial review under the political question doctrine, as defined in Baker v. Carr, 369 U.S. 186 (1962), reveals that the political question doctrine did not apply to plaintiff seeking to enforce the NHCA’s requirement that defendant provide adequate care. ¶ 38 Turning to the section 2-615 portion of the dismissal order, plaintiff argued that she can allege actual injuries caused by defendant and did so in the proposed SAC.

2026The political-question doctrine “holds that certain questions, deemed political in nature, are not justiciable.” Moore v. Grafton Township Board of Trustees, 2011 IL App (2d) 110499, ¶ 5 ; see Baker v. Carr, 369 U.S. 186, 209 (1962).

2010Roti v. Washington, 148 Ill.

2010Roti v. Washington, 148 Ill.

2026“It is the dominion of the legislature to enact laws[,] and it is the province of the courts to construe those laws.” (Internal quotation marks - 17 - omitted.) In re Estate of Shelton, 2017 IL 121199, ¶ 43 ; see Kluk v. Lang, 125 Ill. 2d 306, 322-23 (1988) (finding that the plaintiffs’ challenge to the defendant state representative’s appointment, which was based on a challenge to the constitutionality of section 25-6 of the Election Code, was not precluded by the political question doctrine because resolution of the matter was not constitutionally committed to the legislature and did not int

2026“The mere fact that political rights and questions are involved does not create immunity from judicial review.” (Internal quotation marks omitted.) Kluk, 125 Ill. 2d at 323 .

2011See Heffran v. Hutchins, 160 Ill. 550, 554 (1896) (“It is not within the jurisdiction of a court of equity to interfere with the public duties of the departments of government.”).