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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6
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1answer
224 views

Can a Supreme Court justice be nominated and confirmed under two different presidents?

For example, if President Trump nominated a justice on his last day in office, could that person then be confirmed by the Senate during a Biden administration?
2
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2answers
321 views

Could Trump maintain power by combination of executive orders and supreme court decisions?

Since Trump is still president until January, and he has already packed the supreme court, would it be possible for him to be president eternally by extending his power through executive orders, and ...
2
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3answers
136 views

Supreme Court decision on faithless electors question

I'm talking about this decision: https://www.cnbc.com/2020/07/06/supreme-court-electoral-college-ruling-states-can-force-electors-to-abide-by-popular-vote.html I want to understand the meaning of the ...
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2answers
3k views

Did Susan Collins explain why she voted against Amy Coney Barrett's nomination?

Susan Collins of Maine was the only Republican who voted against Amy Coney Barrett's nomination to the Supreme Court. Has she explained why she did so?
3
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1answer
335 views

What do advocates of expanding SCOTUS think about the future response?

A number of progressives want to expand the Supreme Court under a Democratic Congress and Democratic President. What's the working hypothesis of the people who want to pack the court,for what happens ...
1
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2answers
258 views

Could the senate change the structure of the Supreme Court, not just the number of judges?

Increasing the count to 13 and loading it with Dems would be one way to "get even" but seems kind of likely to backfire. We've already seen the analysis that Republican Judges vote ...
8
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3answers
3k views

Is an expansion of the US Supreme Court really possible?

With the confirmation of Amy Coney Barrett, the idea of expanding the US Supreme Court has caught fire among some Democrats. With a 6-3 conservative majority on the court, prominent progressive ...
30
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10answers
9k views

Why didn't the Republican party confirm Judge Barrett into the Supreme Court after the election?

The confirmation of Judge Barrett is quite controversial to say the least and puts as many as 7 Republican Senators at risk of losing their re-election campaign. So why not do a bait-and-switch? ...
28
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5answers
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The politicization of the supreme court

It seems that both the Republican and Democratic parties look at the appointment of a Supreme Court Justice as a political move. Optimally, a judge has no part in politics. Their personal opinion ...
44
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8answers
11k views

Why are people protesting against Supreme Court nominee Amy Coney Barrett?

I saw on the news that people are protesting against Supreme Court nominee Amy Coney Barrett. I am not looking for any opinions, but would appreciate some background on these protests against her.
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2answers
85 views

Supreme Court nominee senate confirmation hearing purpose [closed]

What is the purpose of senate confirmation hearings for Supreme Court nominees?
12
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2answers
2k views

How is number of justices determined if the US Supreme Court is expanded?

For the sake of argument, let's say that the US Senate, House, and Presidency are won by the same party; and they decide to pack the court. How is the number of judges in the Supreme Court decided? Is ...
-4
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4answers
265 views

What does Amy Coney Barrett have to do with abortion, healthcare, etc?

Barrett Avoids Slips as Democrats Press on Abortion, Health Care Democrats grilled U.S. Supreme Court nominee Amy Coney Barrett for hours about abortion rights, health-care law, guns and election ...
4
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3answers
860 views

Why is nobody in the Amy Coney Barrett hearings wearing masks?

I was watching the Amy Coney Barrett hearings yesterday (October 12; today is October 13th 2020), and I noticed how none of the senators present were wearing masks. In her address, Kamala Harris, ...
7
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1answer
424 views

Does Amy Coney Barrett’s record suggest she would vote to overturn Obergefell v. Hodges?

Quoted in Bloomberg after the first day of Amy Coney Barrett’s confirmation hearing: Democratic Senator Chris Coons of Delaware said Barrett’s confirmation could endanger Supreme Court precedents ...
6
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4answers
734 views

Is the SCOTUS confirmation hearing anything more than a grandstanding opportunity?

I listened to the first day of Senate confirmation hearings today for SCOTUS nominee Amy Coney Barrett. Today was just the opening statements by all the members of the Judiciary Committee, and nothing ...
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3answers
205 views

Why does USA have uneven number of Liberal and Conservative Supreme Court Justices? [closed]

It's just a question popped into my head. If the Supreme Court say for example has all nine neutral Justices wouldn't that serve United States better? Because when we look at Lady justice we see her ...
17
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5answers
5k views

Why is it considered an accomplishment for a president to appoint a Supreme Court judge?

One of President Trump's accomplishments is that he will have appointed 2 and likely 3 Supreme Court judges during his current term. However, why is this considered an accomplishment at all? Supreme ...
4
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1answer
1k views

Is there a minimum requirement to how long a justice is expected to serve on the supreme court?

Beyond human lifespan there is no maximum time a justice may serve, but is there a minimum requirement that a justice is required to serve?
42
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19answers
14k views

Why are Republicans (unlike Democrats) heavily criticized for their flip-flopping regarding the 2016/2020 US supreme court justice nominations?

It's hard to be on the Internet currently without encountering heavy criticism of prominent Republican politicians over Trump nominating a Supreme Court justice so close to the 2020 US election. As ...
0
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3answers
406 views

If a US supreme court nominee is selected by political opportunism, does the nominee ignoring that demonstrate insufficient ethics for the job?

US Supreme Court justices are procedurally nominated by one politician (US president) and then interviewed, vetted and ultimately approved or rejected by about one hundred other politicians (US Senate ...
4
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3answers
328 views

Will social conservative voters still “need” Trump if his Court appointment succeeds?

I see a lot of commentary to the effect that for many conservative U.S. voters, a major reason they supported Trump was because they foresaw, correctly, that his term would see the appointment of ...
0
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0answers
56 views

Could the Senate confirm a new Supreme Court Justice without holding any hearings? [duplicate]

Right now there is a scramble in the Senate to confirm a new Supreme Court Justice before the election takes place. But given that the Senate is controlled by the Republican party, is anything ...
23
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5answers
5k 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 ...
35
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6answers
4k views

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 ...
1
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2answers
250 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 ...
26
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6answers
7k 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 ...
0
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1answer
1k views

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
8k views

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 ...
14
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3answers
5k views

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 ...
6
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5answers
2k views

Why aren't the justices of the Supreme Court of the United States democratically elected?

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 ...
30
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2answers
9k views

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 ...
0
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0answers
116 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 ...
18
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3answers
1k views

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
5k views

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?
28
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2answers
3k views

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
467 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 ...
-1
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1answer
248 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?
1
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0answers
98 views

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 ...
8
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1answer
283 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 ...
36
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1answer
6k views

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 ...
13
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4answers
2k views

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
417 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
7k views

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
397 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 ...
4
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0answers
89 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 ...
2
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1answer
139 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....
15
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4answers
3k views

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 ...
16
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1answer
2k views

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 ...
13
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3answers
2k views

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 ...