Questions tagged [supreme-court]

In most instances is the highest court in a country and isn't always called as such i.e. high court of austrailia for example. If the country has multiple supreme courts, specify which one in your question. Please also tag questions with the relevant country too.

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9
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2answers
674 views

Given a 4-4 tie, how would the Supreme Court determine results for a contested election?

Consider a hypothetical scenario in which there are eight Supreme Court justices at the time election results are being determined (ie, Ruth Bader Ginsburg’s seat has not been filled and there is no ...
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5answers
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In the United States, why aren't both legislative chambers involved in the Supreme Court confirmation process?

I'm following the situation around the recent Supreme Court vacancy left by the passing of Justice Ruth Bader Ginsburg. As a non-American, what's strange to me is that confirming a new SCOTUS Justice ...
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2answers
193 views

How would election results end up in Supreme Court? [closed]

For the sake of argument, let's say that the election results are in, and Biden won the popular vote and the Electoral vote. Assuming that the new Supreme Court judge confirmed by the Senate will ...
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6answers
5k views

How could the US Congress reduce the size of the US Supreme Court?

There are a number of questions regarding the motivations and effects of "packing" the supreme court in the United States of America by adding more justices of the appointer's preference. It ...
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1answer
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When was the last time a Democrat Senator voted differently from other Democrats?

In regards to the recent SCOTUS vacancy due to the loss of Judge Ruth Bader Ginsburg, I see countless articles stating things like (paraphrasing) "These 6 GOP senators are most likely to vote ...
28
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5answers
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Why is changing the size of the Supreme Court considered dangerous today, when it has been done in the past?

Recently, there has been a lot of talk about "court packing", the process of increasing the size of the Supreme Court, thereby creating openings to be filled with new justices. A common ...
13
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3answers
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Is there historical precedent for the US Senate to confirm a SCOTUS nominee from a POTUS of their own party in an election year?

There is debate over whether it is right for Donald Trump to try to replace Ruth Bader Ginsburg on the SCOTUS now, because the election is coming up. Republican Senator Mitt Romney said he will still ...
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5answers
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Why aren't the justices of the Supreme Court of the United States democratically elected? [closed]

Related: Doesn't the system of the Supreme Court oppose justice? and Why is the debate on the composition of the U.S. Supreme Court so politicised? In following the aftermath of Justice Ruth Bader ...
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2answers
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If either party would “pack the Supreme Court”, what would be stopping the next administration from just doubling (+1) the number of judges again?

If either party (i.e. Democrats or Republicans) in the US would proceed to "pack the Supreme Court", what would be stopping the next administration (i.e. after power has switched once again ...
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0answers
106 views

Are there any publicly known plans on a lame-duck Senate SCOTUS confirmation vote be held in order to satisfy senators conditions?

Four Republican senators have said that they would not vote on a justice before the election. I am wondering about circumventing the risk of the senators following through on that by holding the vote ...
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3answers
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Is there any political reason for a President to avoid appointing a Justice after election day?

Even if Trump loses the Nov. 3 election, he will still have the full powers of the President until inauguration day on January 20th. My suspicion is that Trump will wait until after the election to ...
26
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1answer
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Can the Democrats filibuster the vote for a new judge for the Supreme Court?

The Republicans will try to install a new judge for the Supreme Court before the election. Can the Democrats prolong this process, e.g. by filibuster, so that it does not finish on time?
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Do any Republican Senators oppose replacing Justice Ginsburg on the Supreme Court before the election?

After Justice Ruth Bader Ginsburg's death earlier today, Senator McConnell vowed to bring the President's nominee to a vote quickly: The Senate majority leader, Mitch McConnell of Kentucky, said late ...
5
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1answer
381 views

Have Democrats said a late-presidential-term Supreme Court Justice appointment will be subsequently neutralized?

It has been anticipated that there may need to be a replacement justice during the late part of president Trump's term, as there was during Obama's. The Democratic president Obama nominated a ...
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1answer
236 views

Can Supreme Court justice appointment be delayed until after elections?

Can the House delay a Supreme Court justice appointment until after the general elections?
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Could Ted Cruz (or another sitting senator) be appointed to be a SCOTUS justice? [duplicate]

Donald Trump made a list of possible US Supreme Court appointments if a vacancy shows up while he's in office. Two of these intrigued me: Tom Cotton and Ted Cruz. I know this might not matter in ...
6
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1answer
242 views

Why Is The U.S. Supreme Court Reviewing So Few Cases On The Merits?

The U.S. Supreme Court in recent years has been deciding fewer cases on the merits than it has at any time since the end of the U.S. Civil War. (Source) Yet, the volume of cases eligible for its ...
35
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1answer
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Did two dissenting Supreme Court justices agree that Trump was “absolutely immune” to the Manhattan DA's subpoena?

In the CNN News clip Analyst: Trump doesn't have legal power to do what he's threatening former federal and state prosecutor and current CNN legal analyst Elie Honig said: Last month by a 7 to 2 vote ...
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4answers
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What would happen if the SCOTUS were themselves to be part of a lawsuit?

Let us say that in the future the very institution of the SCOTUS is involved as a plaintiff or defendant in a case (maybe a land dispute on which the court stands or for whatever reason the SCOTUS and ...
10
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1answer
370 views

What are the details of the Republican healthcare plan described by Trump in mid-July 2020?

Appearing on the 'Fox News Sunday' show on July 19th, giving an interview (transcript) with Chris Wallace, President Trump gave the following response to a question about his administration's actions ...
31
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3answers
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Would a President get to fill a Supreme Court vacancy just after he lost an election in November/December?

Suppose an incumbent President loses an election in November and a supreme court vacancy were to emerge right after his loss but before the swearing-in of his successor. Would he be able to fill this ...
4
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4answers
387 views

Will the creation of a Washington DC state be unconstitutional?

If the House of Representatives and the US Senate ever pass a bill duly signed by the President creating a new state out of Washington DC can it be held as unconstitutional as it is required by the US ...
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0answers
85 views

Was the U.S. IRS instructed to give Congress Donald Trump's tax records; if so, have they?

With the recent ruling by the Supreme Court letting Manhattan prosecutor pursue Donald Trump's financial records, it rejected President Trump’s bold claims of immunity from local law enforcement and ...
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1answer
137 views

What effect will the Supreme Court's decision in McGirt v. Oklahoma have on local, State and Federal representation?

In McGirt v. Oklahoma, the Supreme Court has decided that a large section of Oklahoma is part of the Muscogee reservation. Now, the vast majority of the reservation's residents are not tribal members....
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4answers
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How can grand jury secrecy rules block release of Trump financial records?

This NY Times article discussing the Supreme Court ruling that Trump cannot block release of financial records clarifies that this "probably means the records will be shielded from public ...
15
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1answer
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What effect does the recent SCOTUS decision on faithless electors have on the National Popular Vote Interstate Compact?

What effect, if any, does the recent SCOTUS decision on faithless electors have on the National Popular Vote Interstate Compact? This compact requires the electors from the states signed into the ...
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3answers
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Is there a “double-standard” in the SCOTUS June 2020 ruling on DACA?

On June 18, 2020, SCOTUS ruled Trump's ending of DACA was invalid. The reason -- as I understand it -- was that Trump acted by written memorandum instead of following the formal Administrative ...
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2answers
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What is the “Biden rule” mentioned during the nomination of Merrick Garland to the US Supreme Court?

In 2016, during the nomination of Justice Merrick Garland to the Supreme Court many Republicans cited the "Biden rule" to justify denying him a hearing. What is the truth behind this so-...
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2answers
207 views

What legislative action could Congress possibly pursue against the Supreme Court?

In the recent Supreme Court case New York State Rifle and Pistol Association INC v. City of New York, an amicus curiae was filed by 5 Democrat US Senators basically threatening to pursue legislative ...
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Griswold v. Connecticut and the selling of contraceptives

During his confirmation hearing (video, at minute 10:20), Robert Bork talked about a case called Griswold, which eventually ended up in the Supreme Court. The Connectcut law apparently "prohibited ...
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1answer
63 views

What did Ted Kennedy mean when he referred to “the muck of Irangate” and “the muck of Watergate”?

After Robert Bork's nomination as a Supreme Court justice, Sen. Ted Kennedy took the floor and declared: Robert Bork's America is a land in which women would be forced into back-alley abortions, ...
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1answer
240 views

US Chief Justice Roberts' choices of “in conformity with” and “in conformance with” during the swearing in at the Senate

US Supreme Court Chief Justice John Roberts used both the phrases in conformity with and in conformance with within the same minute during a swearing-in process in the senate. This can be heard in CNN’...
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1answer
252 views

Between 1984 and 1994 US Supreme Court filings almost doubled but arguments nearly halved. Why?

US Supreme Court Chief Justice John Roberts has released his end of the year message for 2019, and the Appendix is a brief summary of the "workload of the courts". I noticed that the plots suggest ...
4
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1answer
655 views

Can John Roberts rule on whether witnesses have to testify in the impeachment inquiry?

It was ruled today that Don McGahn, the former White House counsel, needs to testify in the impeachment inquiry. Like most things, I am guessing that this will probably be appealed, and could end up ...
13
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3answers
962 views

Has the supreme court ever been asked to hear a case directly involving the president who appointed at least one of the Justices?

At least one of the lawsuits against Trump appear to be headed to a supreme court which includes his appointees. Has anything like this historically occurred, perhaps in a lower court? If so, Did ...
2
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1answer
459 views

Can a President nominate a US Supreme Court Justice in anticipation of a sitting Justice's demise?

Say a Justice is barely hanging on to her life. Can a president nominate and the Senate confirm a Justice in anticipation of their death? Do they have to wait until the person dies? Can't it be a ...
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0answers
43 views

Have (more) prior convictions for corruption been overturned following McDonnell v. United States?

Wikipedia notes: Chief Justice John Roberts authored the unanimous opinion. McDonnell's conviction was vacated on the grounds that the meaning of "official act" does not include merely ...
4
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1answer
128 views

How can states sue someone in a lower court?

Article III, section 2, clause 2 of the Constitution says In all Cases...in which a State shall be Party, the supreme Court shall have original Jurisdiction. I would interpret this as meaning that ...
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4answers
1k views

Can Parliament be compelled to let the UK leave the EU on October 31st?

Citizens cannot take Parliament to court to force it to hold a General Election, even when they believe that Parliament to have lost legitimacy. Can Parliament be compelled by the courts to not ...
4
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2answers
499 views

Does the US Supreme Court have the authority to rule on impeachment matters?

In the ongoing impeachment inquiry into President Trump, the Trump administration has recently taken the stance that apparently they view the inquiry as invalid in some way, and are refusing to ...
0
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2answers
214 views

The Supreme Court and Ethics

I have heard talk of creating a code of ethics for the supreme court. Does this mean that no such thing currently exists? What happens if a Supreme Court justice does things that are unethical? Is ...
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2answers
459 views

Did the supreme court overrule the monarch?

We heard that the Supreme Court not only decided that the Prime Minister's advice to the Queen was unlawful, but that the prorogation was therefore void: it didn't happen, Parliament was not prorogued....
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0answers
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Could the Queen refuse to proroge parliament if it would be unlawful? [duplicate]

This question is closely related to Can the Queen refuse to suspend the Parliament? but based on the new situation given the Supreme Court ruling. Suppose the Prime Minister asked the Queen to ...
3
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3answers
264 views

Conservatism and Executive Power

The Economist cites the philosopher and political theorist Michael Oakeshott to describe conservatism as "To be conservative... is to prefer the familiar to the unknown, to prefer the tried to the ...
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5answers
7k views

Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament? [duplicate]

A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. ...
30
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1answer
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Was the ruling that prorogation was unlawful only possible because of the creation of a separate supreme court?

So the UK supreme court has just ruled the prorogation of parliament to be unlawful. This court has only existed since 2009, taking on the role as the court of final appeal from the House of Lords. ...
3
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1answer
298 views

How were unconstitutional laws invalidated before Marbury v Madison?

Background In the United States, one of the lasting conclusions of Marbury V. Madison was the establishment of judicial review, that is, the ability of the courts to strike down a law as ...
21
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4answers
6k views

Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?

Pete Buttigieg is running as a candidate for the U.S. Democratic Presidential Primary to become the Democratic Presidential Nominee. He recently(-ish) said he was looking into/supportive of a plan ...
13
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4answers
882 views

What have countries with similar court systems to the US done to make the Supreme Court less political?

The US Supreme Court is quite politicized. Towards the end of Barack Obama’s term, the Republican Senate stopped any consideration of Merrick Garland; Gorsuch was confirmed with only three Democrats' ...
14
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2answers
2k views

What exactly are the Chief Justice's powers and roles in “presiding” over a presidential impeachment proceeding?

The Chief Justice of the Supreme Court presides over the Senate during an impeachment trial of the President of the United States. My question is... what exactly does that mean? Does he just have to ...