maybe at no point does it become justiciable

like the making of a foreign treaty - it's just not a matter for the court - it falls on the wrong side of the separation of powers, it's "just" a political outrage, to which the solutions are political not legal - though I agree that is not a completely comfortable position.
Once the exercise of the right becomes justiciable, wouldn't the court face with huge number of incredibly difficult (and to a court, inappropriate) questions, without having any real legal bearings - what is a proper purpose for example?

Posted By: paulg, Sep 12, 15:28:44