Are questions of the proper legal interpretation and application of Section Three of the Fourteenth Amendment nonjusticiable?

Are questions of the proper legal interpretation and application of Section Three of the Fourteenth Amendment nonjusticiable "political questions" that is, questions that federal courts lack legal power to decide? The simple answer is no. The Constitution 's text does not commit Section Three issues to the political judgment and discretion of the political branches of the national government.

Section Three's application is not assigned by any provision of the Constitution to the exclusive political power or discretion of one of the political branches of the national government.

The text does not explicitly refer to any Congressional power over presidential elections, let alone provide any "textually demonstrable constitutional commitment" of authority in such matters to Congress .

Section Three does not lack for "judicially discoverable and manageable standards" and does not present issues that are nonjusticiable political questions on this ground.

Applying Section Three can be a constitutional question of significant consequence, but federal courts have no freestanding power simply to decline to decide legal cases properly within their jurisdiction simply because they may be difficult, inconvenient, consequential, or unwelcome.