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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3
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1answer
188 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 ...
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892 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 ...
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1answer
423 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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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 setting up a ...
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1answer
106 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
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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 ...
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2answers
293 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 ...
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2answers
146 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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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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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 ...
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3answers
243 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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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. ...
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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. ...
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1answer
243 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 ...
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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 ...
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575 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' ...
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1answer
573 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 ...
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1answer
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Does the US Supreme Court vote using secret ballots?

I am interested in the mechanism by which the Supreme Court casts votes on a ruling. Do they do it by secret ballot? Or is it as simple as a show of hands? Does a Justice have the opportunity to ...
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Why are lawsuits between the President and Congress not automatically sent to the Supreme Court

When the United State Congress and the President are involved in a legal fight together, the resulting legal case originates in a US District Court for DC, as was the case for United States v. Nixon. ...
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Can the Supreme Court overturn an impeachment?

Article 2, Section 4 of the US Constitution states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, ...
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Are there parliamentary republics where Supreme Court appointments are decided exclusively by the Parliament and the government?

In Israel, many political figures on the right (among them outgoing Minister of Justice Ayelet Shaked and Zehut party leader and parliamentary hopeful Moshe Feiglin) say that "all over the world" ...
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Doesn't the system of the Supreme Court oppose justice?

I'm new to US politics and the Judicial Branch in the US. First to clarify: I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm ...
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What procedure must one go through to expand the SCOTUS?

What process must one go through to increase the size of the SCOTUS? Would it be a simple bill that needs to be passed? Is this a "two-thirds" situations? I can find on the internet that Congress ...
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1answer
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Trump said he didn't “need” to call a national emergency. How does this affect (if it all) his court chances?

Trump declared a national emergency, then literally said the words I didn't need to do this. He further admitted that it's just a "faster way" to accomplish what he wants. How will this affect ...
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Arrest a Chief Justice of the U.S. Supreme Court? [closed]

Does a President have the delegated constitutional power to arrest a chief justice of the USA? President Abraham Lincoln did, but was persuaded not to issue his warrant by his cabinet members... Was ...
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If a US Supreme Court Justice is physically unable to work, are any mechanisms in place to choose their successor?

There have been a few justices in the past that have "gone off their rockers" in the last few years of their careers, but from what I understand, unless they retire, they couldn't be replaced. But ...
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Is there a “nuclear option” regarding the election of a constitutional judge in Germany?

In Germany, the parliament has just agreed on a successor for one of the judges of the constitutional court. The candidate has to be elected in parliament with 2/3 of the votes as well as the majority ...
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Has the US Supreme court ever altered its own precedent on the same topic twice?

I know there have been a number of instances where the United States Supreme Court has basically 'changed its mind' and ruled in a manner counter to a previous Supreme Court ruling. The most obvious ...
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How do Chief Justices of the Supreme Court get replaced?

I'm wondering how do Chief Justices of the United States get replaced? According to wikipedia, the last Chief Justice, Judge William Rehnquist was initially an Associate Justice. President Reagan ...
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283 views

Instead of proposing a “dialogic process” for judicial review, why doesn't Mark Tushnet want to amend the Constitution as necessary?

In a recent Vox.com interview with Harvard legal scholar Mark Tushnet, Dr. Tushnet presented his ideas to journalist Sean Illing: Sean Illing How unusual is it for a liberal democratic system ...
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Is Judge Roberts committed to the status quo against partisanship?

I was surprised to see some commentary in this answer and its comments indicating that Supreme Court Justice John Roberts is committed to maintaining status quo jurisprudence against substantial ...
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How did the Kavanaugh confirmation move so quickly despite the serious allegations?

I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a ...
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Why is the debate on the composition of the U.S. Supreme Court so politicised?

Why is the debate on the composition of the United States Supreme Court so politicised? Many other countries, such as the United Kingdom, Germany, Netherlands, European Union, and others, have courts ...
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1answer
490 views

Why don't Democrats encourage Christine Blasey Ford to file a criminal complaint against Kavanaugh in Maryland to trigger a local investigation? [closed]

This analysis indicates that a complaint should trigger an investigation in this case. In particular, there's good reason to believe there is no statute of limitations in effect: Maryland’s former ...
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646 views

Why weren't allegations based on Judge Kavanaugh's 1983 yearbook, raised during his nomination in 2006 to the DC Circuit?

I refer only to the allegations based on the Hon. Judge Kavanaugh's 1983 yearbook from Georgetown Preparatory School (like 'Renate Alumnus', and alcoholic consumption slang), and not those that were ...
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858 views

Is there any talk to change the nomination process for the SCOTUS?

I have previously asked why the SCOTUS (Supreme Court Of The United States) nomination and confirmation process is what it is. What I gather is that it ideally is a way to keep the Judicial branch ...
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707 views

Do originalist U.S. Supreme Court justices tend to be politically right-leaning?

Is there significant overlap between originalism and political conservatism?
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Why can't the Republican party force a vote on the nomination of Brett Kavanaugh?

In the related question What do Democrats have to gain, politically, by preventing Brett Kavanaugh's appointment to the Supreme Court? various aspects of how the Democrats benefit from delaying the ...
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What were the previous 6 FBI investigations of Brett Kavanaugh?

Donald Trump tweeted: Just started, tonight, our 7th FBI investigation of Judge Brett Kavanaugh. He will someday be recognized as a truly great Justice of The United States Supreme Court! What ...
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What does Brett Kavanaugh mean with “revenge on behalf of the Clintons”?

During his personal statement in confirmation hearings before the Senate Judiciary Committee, Brett Kavanaugh said: This whole two-week effort has been a calculated and orchestrated political hit, ...
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1answer
330 views

What power, if any, does the SCOTUS Chief Justice have to hamper or reject an appointment they dislike?

In FiveThirtyEight's wrapup of their Kavanaugh hearing coverage, one writer said (emphasis mine): Second, in this difficult and circular path, the fundamental process of confirmation to the Supreme ...
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570 views

What criteria is used for a Supreme Court nomination while in Senate Judiciary Committee?

I have a policies and procedures question. I've been watching Brett Kavanaugh's confirmation hearing with the Senate Judiciary Committee on television. I'm having a hard time finding reading on the ...
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12answers
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What do Democrats have to gain, politically, by preventing Brett Kavanaugh's appointment to the Supreme Court?

From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?
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If Kavanaugh is confirmed, can he still be removed later?

Let's say that Kavanaugh is confirmed by the Senate. Then after that the FBI (or relevant police authority) decide there is enough evidence to investigate sexual assault claims against him and ...
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Isn't the question of partisanship of US supreme court judges contradictory to the separation of powers?

Being German I find it rather strange to witness the discussion in the US regarding placing Kavanaugh as the 9th judge in the supreme court. In the news it always sounds as if it is a matter of the ...
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1answer
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Can a lame duck Senate confirm a SCOTUS nominee?

Given that a number of reasons for delaying a vote on confirmation of Judge Kavanaugh to the SCOTUS have come up, it may happen that they will not be resolved until after the mid-term elections will ...
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158 views

What motivates the seemingly widespread animosity towards Clarence Thomas? [closed]

Why does this Supreme Court Justice in particular seem so reviled?
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498 views

Why does the US Supreme Court work this way?

Sorry for the non-descriptive title, but while I was typing a more descriptive one I realized it was going to be overly long. My understanding of the USSC appointments is that they are for life only ...
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72 views

Period evidence to refute the decision of Baron V Baltimore

In 1833, the decision of Baron v Baltimore established the concept that the Bill of Rights were not applicable to the States. Is there evidence from the ratification debates or debate conventions ...
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What kind of documents are being requested in the Brett Kavanaugh confirmation hearing?

In the (currently on-going) Brett Kavanaugh confirmation hearing there is some disagreement about which documents should be released; this answer gives a good overview of the situation. Quoting from ...