Luther v. Borden

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In Luther v. Borden, 48 U.S. 1 (1849), the U.S. Supreme Court held that no justiciable "controversy" exists when parties seek adjudication of a political question. In those cases the judiciary cannot render a judgment, and the U.S. Supreme Court reversed the judgment below.

The facts of this case concerned a dispute within Rhode Island over forming a new government, as it had not completely repudiated its charter from England as the other colonies had during American Revolution. (Rhode Island had not even ratified the U.S. Constitution prior to President George Washington taking office.)