Which of the following cases is most likely to be considered a political question and nonjudiciable? Representatives

Question

A. Gerrymandering

B. A congressional decision that an amendment has been ratified

C. A congressional decision to not seat an elected member of the House of

D. A case involving a congressional subpoena of presidential records

is it A

Answer 1

I agree.

Answer 2

I disagree. Under the voting rights act of 1965 gerrymandering for racial reasons is prohibited and subject to judicial action. A decision in Congress that an amendment to a bill has been ratified, or an amendment to the constitution, is a matter of doing the math according to procedure and usually not subject to challenge in the courts.