[Usagi_yo]

Reference: Nixon vs. United States 506 U.S. 224 (1993) No 91-740.

Reference: Baker v. Carr - 369 U.S. 186 (1962) No 6.

[Usagi_yo]

The SCOTUS opinion on inserting itself into the political process.

http://freerepublic.com/focus/f-chat/3084789/posts

[ConorMacNessa]

Doctrines the Courts use to dodge cases too hot to handle:

"Political Question."
"Ripeness."
"Standing to sue."
"Failure to exhaust Administrative Remedies."
"Non-justiciable."
Et cetera, ad nauseam.

America demands Justice for the Fallen of Benghazi!

Genuflectimus non ad principem sed ad Principem Pacis!

Listen, O isles, unto me; and hearken, ye people, from far; The LORD hath called me from the womb; from the bowels of my mother hath he made mention of my name. (Isaiah 49:1 KJV)

[Usagi_yo]

I cannot parse this sentence, somebody explain:

an “impossibility of deciding [a matter] without an initial policy determination of a kind clearly for nonjudicial discretion”;

[Ray76]

"a textually demonstrable constitutional commitment of the issue to a coordinate political department" (meaning that the U.S. Constitution requires another branch of government to resolve questions regarding the issue); The Constitution is the supreme Law of the Land (Article VI). Article II is a part of the Constitution, it's mandatory imperatives are the Law. Matters of law are settled by the Judicial Branch and no other Branch (Article III).

"a lack of judicially discoverable and manageable standards for resolving it"; Determination of Facts are essential & fundamental tasks of the Judiciary. The Judiciary finds Fact and applies Law.

an "impossibility of deciding [a matter] without an initial policy determination of a kind clearly for nonjudicial discretion"; There is no question of "policy determination" here

an "impossibility of a court's undertaking independent resolution without expressing lack of the respect due coordinate branches of government"; Finding Fact and applying Law are solely the province of the Judiciary, and of no other Branch

"an unusual need for unquestioning adherence to a political decision already made"; or An ineligible person pretending to be President can not reasonably be accepted

a "potentiality of embarrassment from multifarious pronouncements by various departments on one question.". Irrelevant

 

1) I hope you realize this case concerns the impeachment of a judge.

2) The Senate's conduct of the impeachment proceedings was contested, the Supreme Court correctly held that the conduct of the impeachment was for the Senate to decide. Impeachment is a political act, the Judiciary is not involved. The Judiciary resolves legal questions, this power is theirs exclusively. Eligibility is a legal question handled by the Judiciary.