The Supreme Court Ducks the Political Question in American Electric

2019-03-18T18:47:57-05:00June 21st, 2011|Tags: , , , , |

The U.S. Supreme Court largely ducked the most outlandish parts of the Second Circuit’s decision in American Electric. Instead, the Court reversed the lower court on the easiest of the several grounds for reversal: displacement of federal common law.   But how would the political question doctrine have fared had the Court [...]