373 F.Supp.2d at 72 (noting that "[t]he determination that a branch of government has exceeded its constitutional authority does not express lack of respect for it” and that international agreements regarding "property that was expropriated or nationalized by Vietnam” were not related to the herbicide claims). 46 . See Whiteman, 431 F.3d at 70 (political question claims are analyzed on a "case-by-case” basis); Can, 14 F.3d at 163 ("The political question doctrine must be cautiously invoked.”). See also In re Agent Orange Prod. Liab. Litig., 373 F.Supp.2d at 65 (noting that experts have observed that the "political question doctrine is in a state of some confusion”) (citations and quotations omitted). 47 . Goldwater v. Carter, 444 U.S. 996, 1000, 100 S.Ct. 533, 62 L.Ed.2d 428 (1979) (<HOLDING>). 48 . Baker, 369 U.S. at 217, 82 S.Ct. 691. 49
holding that persecution was on account of political opinion because petitioners prosecutorial investigation into acts of political corruption was by its very nature political holding that the determination of the boundaries of a political subdivision of the state is a political question solely within the power prerogative and discretion of the legislature and not subject to judicial review holding state constitution provides senate with authority to judge election returns and qualifications of its members holding that state constitution required reasonable nonresident rates holding that senator goldwaters claim that the constitution required senate agreement to abrogate a treaty raised a political question