justiciability doctrine (New Hampshire) · Go Syfert
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justiciability doctrine in New Hampshire

7 New Hampshire opinions name it 1 courts 2004–2023 2 in the last five years

The cases below were cited by New Hampshire 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 (3)

CaseFollowedCited
Baker v. Carrgreen
scotus · 1962 · cited in 3 New Hampshire opinions naming this issue, 2020–2023
2 sentences

2023“Deciding whether a matter has in any measure been committed by the Constitution to another branch of government is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the State Constitution.” Id. (quotations and brackets omitted); see Baker v. Carr, 369 U.S. 186, 211 (1962).

2020“The justiciability doctrine prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government.” Hughes, 152 N.H. at 283 (quotation omitted). “‘Deciding whether a matter has in any measure been committed by the Constitution to another branch of government is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the [State] Constitution.’” Id. (quoting Baker v. Carr, 369 U.S. 186, 211 (1962)) (ellipsis omitted).

33
In re the Judicial Conduct Committeegreen
nh · 2004 · cited in 2 New Hampshire opinions naming this issue, 2005–2005
2 sentences

2005Petition of Judicial Conduct Comm., 151 N.H. at 128 .

2005The justiciability doctrine prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government.” Petition of Judicial Conduct Comm., 151 N.H. 123, 128 (2004) (quotation and citation omitted).

12
Hughes v. Speaker of New Hampshire House of Representativesgreen
nh · 2005 · cited in 1 New Hampshire opinions naming this issue, 2020–2020
2 sentences

2020“The justiciability doctrine prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government.” Hughes, 152 N.H. at 283 (quotation omitted). “‘Deciding whether a matter has in any measure been committed by the Constitution to another branch of government is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the [State] Constitution.’” Id. (quoting Baker v. Carr, 369 U.S. 186, 211 (1962)) (ellipsis omitted).

2020“The justiciability doctrine prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government.” Hughes, 152 N.H. at 283 (quotation omitted). “‘Deciding whether a matter has in any measure been committed by the Constitution to another branch of government is itself a delicate exercise in constitutional interpretation, and is a responsibility of this Court as ultimate interpreter of the [State] Constitution.’” Id. (quoting Baker v. Carr, 369 U.S. 186, 211 (1962)) (ellipsis omitted).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Baines v. New Hampshire Senate President green
nh · 2005
1 sentence

2006Id.

12006–2006
Horton v. McLaughlin green
nh · 2003
2 sentences

2004The justiciability doctrine “prevents judicial violation of the separation of powers by limiting judicial review of certain matters that lie within the province of the other two branches of government.” Horton, 149 N.H. at 143 .

2004A case presents a nonjusticiable political question “where there is a textually demonstrable constitutional commitment of the issue to a coordinate political department.” Id. (quotation omitted).

12004–2004

Where else courts name it

CA 76 (1997–2026) NE 41 (2008–2026) CT 30 (1991–2024) OR 23 (1986–2023) TN 23 (2006–2026) PA 22 (1984–2024) WA 16 (1996–2023) MT 11 (1995–2024) WY 9 (1983–2019) NY 9 (1974–2023) TX 9 (2003–2024) OH 9 (2007–2025) NH 7 (2004–2023) CO 7 (2000–2025) IL 6 (1986–2023) WI 5 (2001–2022) AL 5 (2007–2025) NJ 5 (1993–2021) MN 5 (2007–2024) ID 4 (2018–2020) MD 4 (2000–2020) NC 3 (2020–2026) MI 3 (1990–2019) KY 3 (2012–2023) RI 3 (2007–2012) KS 2 (2008–2024) IN 2 (2013–2013) ME 2 (2018–2018) AZ 2 (1998–2012) WV 2 (2017–2017) DC 2 (2006–2010)

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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