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The Political Question Doctrine: An Unusual (and Unused) Path to Dismissal of Product Liability Suits

By Kurt Hamrock and Shannon G. Konn

As litigation grows more complex, the costs of defending tort lawsuits continue to rise. Defendants frequently settle such cases, not to avoid potential liability, but to avoid the high costs of discovery and other litigation expenses. Motions for summary judgment reduce those costs, but only to a certain degree. Consequently, defendants in tort suits are constantly searching for strategies and defenses that will result in dismissals early in the litigation. One such defense is the 'political question' doctrine, a longstanding legal principle that has enjoyed a resurgence in recent years.

In brief, the political question doctrine directs courts to dismiss cases that raise inherently 'political' issues; that is, issues that are beyond the competence of the judiciary to decide, or which are committed to the elected branches of government. The doctrine most frequently arises in cases that involve key government interests such as national security and foreign relations. However, the government does not have to be a party to the suit for a political question to arise. The doctrine has been applied successfully in product liability suits and other claims against private defendants.

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