Cornell Law School's own Legal Information Institute entry records that the political question doctrine's own application is inconsistent and difficult, invoked far more readily in foreign-affairs cases than in domestic ones; no single weighting of the six Baker factors has commanded lasting agreement among courts or scholars, and the Supreme Court itself has never definitively resolved which factor or combination of factors controls.
What would resolve this A Supreme Court decision squarely addressing how the six Baker factors interact, or a sustained scholarly consensus reconciling the doctrine's own inconsistent domestic and foreign-affairs application, would settle the question; neither exists today.
OpenConstitutional law; comparative separation-of-powers scholarshipPolitical Question Doctrine (Legal Information Institute, Cornell Law School)