Whether, and under what circumstances, a state-law tort suit for damages against a private defendant that does not satisfy any of the factors identified in Baker v. Carr, 369 U.S. 186 (1962), can nevertheless present a non-justiciable political question?

QUESTION PRESENTED Over the past decade, a number of lower courts have applied the political question doctrine to dismiss statelaw tort claims for damages against private military contractors. In this case, the Fourth Circuit relied upon such reasoning to throw out consolidated tort suits challenging Respondents’ disposal of hazardous materials through open-air “burn pits” in Iraq and Afghanistan, solely on the ground that the military exercised “direct control” over Respondents. The Question Presented is: Whether, and under what circumstances, a state-law tort suit for damages against a private defendant that does not satisfy any of the factors identified in Baker v. Carr, 369 U.S. 186 (1962), can nevertheless present a nonjusticiable political question?