Partisan Gerrymander Claims, the Political Question Doctrine, and Judicial Prudence

Prof. Simard argues in her article that when political questions arise, courts should treat, in most cases, them like every other dispute by relying upon traditional tools of adjudication to resolve the questions presented. When ordinary constitutional interpretation suggests there is no constitutional violation that is remediable by the courts, there is no need to invoke the political question doctrine because courts may rely upon traditional procedural safeguards that test the adequacy of a complaint—lack of standing or failure to state claim.