His detailed definition could justify dismissing education reform litigation for many reasons, among them «a lack of judicially discoverable and manageable standards for resolving it... or the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion.» (educationnext.org)
the impossibility of deciding without an initial policy determination of a kind clearly for nonjudicial discretion; (law.stackexchange.com)
These factors, of course, prevail in public - policy determination in a secular - pluralistic society. (religion-online.org)