political question doctrine (Maryland) · Go Syfert
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political question doctrine in Maryland

7 Maryland opinions name it 2 courts 1962–2025 5 in the last five years

The cases below were cited by Maryland 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.

Followed or applied (7)

CaseFollowedCited
Morris v. Osmose Wood Preservinggreen
md · 1995 · cited in 3 Maryland opinions naming this issue, 2024–2024
2 sentences

2024Motors Corp., 397 Md. 108, 121 (2007) (quoting Morris v. Osmose Wood Preserving, 340 Md. 519, 531 (1995)).

2024Motors Corp., 397 Md. 108, 121 (2007) (quoting Morris v. Osmose Wood Preserving, 340 Md. 519, 531 (1995)).

33
Lloyd v. General Motors Corp.green
md · 2007 · cited in 3 Maryland opinions naming this issue, 2024–2024
2 sentences

2024Motors Corp., 397 Md. 108, 121 (2007) (quoting Morris v. Osmose Wood Preserving, 340 Md. 519, 531 (1995)).

2024Motors Corp., 397 Md. 108, 121 (2007) (quoting Morris v. Osmose Wood Preserving, 340 Md. 519, 531 (1995)).

33
Lipp v. Stategreen
mdctspecapp · 2020 · cited in 3 Maryland opinions naming this issue, 2024–2024
2 sentences

2024For reasons stated below, we affirm. “‘[T]he standard of review of the grant or denial of a motion to dismiss is whether the trial court was legally correct.’” Lipp v. State, 246 Md.

2024For reasons stated below, we affirm. “‘[T]he standard of review of the grant or denial of a motion to dismiss is whether the trial court was legally correct.’” Lipp v. State, 246 Md.

33
Nixon v. United Statesgreen
scotus · 1993 · cited in 1 Maryland opinions naming this issue, 2025–2025
1 sentence

2025See Jones v. Anne Arundel Cnty., 432 Md. 386, 397 (2013) (citing Nixon v. United States, 506 U.S. 224 , 252–53 (1993) (Souter, J., concurring)).

11
Jones v. Anne Arundel Countygreen
md · 2013 · cited in 1 Maryland opinions naming this issue, 2025–2025
1 sentence

2025See Jones v. Anne Arundel Cnty., 432 Md. 386, 397 (2013) (citing Nixon v. United States, 506 U.S. 224 , 252–53 (1993) (Souter, J., concurring)).

11
Baker v. Carrgreen
scotus · 1962 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013In Baker v. Carr, 369 U.S. 186, 217 , 82 S.Ct. 691, 710 , 7 L.Ed.2d 663, 685-86 (1962), the Supreme Court outlined the essential aspects of a political question: Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court’s undertaking independ

2013In Baker v. Carr, 369 U.S. 186, 217 , 82 S.Ct. 691, 710 , 7 L.Ed.2d 663, 685-86 (1962), the Supreme Court outlined the essential aspects of a political question: Prominent on the surface of any case held to involve a political question is found a textually demonstrable constitutional commitment of the issue to a coordinate political department; or a lack of judicially discoverable and manageable standards for resolving it; or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; or the impossibility of a court’s undertaking independ

11
Immigration & Naturalization Service v. Chadhagreen
scotus · 1983 · cited in 1 Maryland opinions naming this issue, 2013–2013
2 sentences

2013INS v. Chadha, 462 U.S. 919, 942-43 , 103 S.Ct. 2764, 2780 , 77 L.Ed.2d 317, 339 (1983) (“It is correct that this controversy [involving the congressional authority to veto a determination that an individual should not be deported] may, in a sense, be termed ‘political.’ But the presence of constitutional issues with significant political overtones does not automatically invoke the political question doctrine.”).

2013INS v. Chadha, 462 U.S. 919, 942-43 , 103 S.Ct. 2764, 2780 , 77 L.Ed.2d 317, 339 (1983) (“It is correct that this controversy [involving the congressional authority to veto a determination that an individual should not be deported] may, in a sense, be termed ‘political.’ But the presence of constitutional issues with significant political overtones does not automatically invoke the political question doctrine.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maryland. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Jackson v. Millstone green
md · 2002
2 sentences

2024Because Johns Hopkins moved to dismiss for failure to state a claim upon which 2 Jackson v. Millstone, 369 Md. 575 , 578–79 (2002), challenged the application of a specific regulation to two requests “for preauthorization for liver transplant surgeries.” That case never discussed the political question doctrine because it wasn’t necessary for the resolution of that case.

2024Because Johns Hopkins moved to dismiss for failure to state a claim upon which 2 Jackson v. Millstone, 369 Md. 575 , 578–79 (2002), challenged the application of a specific regulation to two requests “for preauthorization for liver transplant surgeries.” That case never discussed the political question doctrine because it wasn’t necessary for the resolution of that case.

42024–2024
Stern v. Board of Regents green
md · 2004
2 sentences

2024In Stern v. Board of Regents, University System of Maryland, 380 Md. 691 , 694–95 (2004), students sued the Board of Regents alleging, among other things, breach of contract.

2024In Stern v. Board of Regents, University System of Maryland, 380 Md. 691 , 694–95 (2004), students sued the Board of Regents alleging, among other things, breach of contract.

42024–2024
Powell v. McCormack green
scotus · 1969
2 sentences

2013The Court concluded, similar to its analysis under the political question doctrine, that the power to remove a member for the failure to meet qualifications of office under Section 5 of Article I was limited “to the standing qualifications prescribed in the Constitution.” Id. at 550 , 89 S.Ct. at 1979 , 23 L.Ed.2d at 533 .

2013The Court concluded, similar to its analysis under the political question doctrine, that the power to remove a member for the failure to meet qualifications of office under Section 5 of Article I was limited “to the standing qualifications prescribed in the Constitution.” Id. at 550 , 89 S.Ct. at 1979 , 23 L.Ed.2d at 533 .

12013–2013
De Florio v. Michigan green
scotus · 1956
2 sentences

1962The cited cases [which as we noted above included Kidd v. McCanless, supra, 352 U. S. 920 ] do not hold to the contrary.” (Emphasis ours.) We may add that the Supreme Court of Tennessee in Kidd v. McCanless, supra, did not in terms invoke the political question doctrine, but based its refusal of relief on the ground that the declaration sought by the plaintiffs would, under the Tennessee doctrine of de jacto officers, leave the State without a legislature.

1962The cited cases [which as we noted above included Kidd v. McCanless, supra, 352 U.S. 920 ] do not hold to the contrary." (Emphasis ours.) We may add that the Supreme Court of Tennessee in Kidd v. McCanless, supra , did not in terms invoke the political question doctrine, but based its refusal of relief on the ground that the declaration sought by the plaintiffs would, under the Tennessee doctrine of de facto officers, leave the State without a legislature.

11962–1962

Where else courts name it

CT 36 (1984–2026) PA 35 (1969–2024) HI 16 (1970–2024) NC 15 (2001–2026) MI 14 (1960–2025) TX 14 (2005–2025) IA 11 (1996–2026) CO 11 (2003–2023) CA 9 (1984–2018) OH 8 (1997–2024) AL 8 (2002–2023) AZ 8 (2007–2024) NY 7 (1983–2007) IL 7 (1974–2026) NV 7 (2013–2022) TN 7 (2007–2026) MD 7 (1962–2025) WI 6 (2000–2023) KY 6 (2018–2026) MS 6 (2011–2023) MO 5 (1985–2018) SC 4 (2006–2025) FL 4 (2017–2023) DE 4 (2019–2024) UT 4 (1995–2025) KS 4 (1975–2022) WV 3 (1979–2018) NM 3 (2023–2025) VT 3 (2017–2024) MT 2 (2005–2024) ME 2 (1993–2005) AK 2 (2022–2025) ID 2 (2019–2021) MA 2 (1981–1982) VI 2 (1996–2024)

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.

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