Koohi v. United States

I concur in the result.

We probably can avoid resolving a constitutional issue, whether we lack jurisdiction under the political question doctrine, because sovereign immunity makes the case insubstantial on the merits. Clow v. U.S. Department of Housing and Urban Development, 948 F.2d 614, 616 (9th Cir.1991). Both political question doctrine and sovereign immunity go to jurisdiction. Rivera v. United States, 924 F.2d 948, 951 (9th Cir.1991). If it were necessary to reach it, I would conclude that we have no jurisdiction under the political question doctrine.

We flew the American flag on foreign…