Questions tagged [supreme-court]

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

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In layperson's terms: Supreme Court to Hear Case on State Legislatures’ Power Over Elections?

In easy-to-understand terms, how would this ruling affect the different States? Supreme Court to Hear Case on State Legislatures’ Power Over Elections From what I see, in North Carolina the Senate and ...
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5 votes
1 answer
177 views

Is the SCOTUS ruling on Oklahoma Native land the opposite of Originalism?

The US Supreme Court has ruled that Oklahoma can prosecute non-Native Americans for crimes committed on tribal land when the victim is Native American. This was a five-to-four decision with the "...
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Why didn't Obama nominate replacement for Scalia?

When Justice Scalia died in February 2016, why didn't Obama nominate a progressive replacement while he still could instead of risking that the succeeding president nominates a conservative one, which ...
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4 votes
1 answer
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In Supreme Court, is Chief Justice supposed to sway towards an opinion?

As the presiding judge in the Supreme Court, is the Chief Justice supposed to sway the opinion of the other eight Associate Justices? I'm reading everywhere that Chief Justice Roberts Lost His Court ...
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-3 votes
4 answers
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Why would the Senate not confirm a SCOTUS nominee?

Why would the Senate ever not confirm a SCOTUS nominee? The same President would just appoint someone else, so it will be someone else with the same ideology. Does it basically mean "This person ...
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19 votes
7 answers
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Why don't politicians appoint young and healthy ideological fresh graduates as Supreme Court justices?

Supreme Court justices are often chosen not solely based on their professional skills and reputation, but also based on their political orientation in order to advance certain ideology. One example is ...
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4 votes
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Does the US public find credible excuses by some Senators that Justices who overturned Roe had misled them in Senate hearings?

Two or even three US Senators have said that [future] justices that ultimately overturned Roe had essentially lied to them, or at least seriously misled them in the Senate hearings on their ...
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4 votes
2 answers
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What advantages are offered by Supreme Court life terms over fixed length terms?

I note the related question Why do the supreme court justices have a life term period? However, that question focused on why they have life terms at all. I want to focus instead on what benefits could ...
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Has the US Department of Justice ever been so quick to disagree with SCOTUS?

Within a very short time after the US SCOTUS struck down the New York gun laws, the US Department of justice has come out against the decision. Has the Department of Justice ever been this quick to ...
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1 vote
0 answers
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Has Biden taken any action to reform the Supreme Court?

President Biden established The Presidential Commission on the Supreme Court of the United States to investigate ideas for reform of the Supreme Court. The commission first sat on May 19, 2021 and ...
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Is this really the first time SCOTUS has taken away a fundamental right? [closed]

In response to today's Supreme Court decision that overturned Roe v. Wade, President Biden said The Court has done what it has never done before: expressly take away a constitutional right that is so ...
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29 votes
4 answers
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Why does the government not introduce an amendment to the constitution to allow abortion?

Since the polls clearly show that the majority of the American people disagree with the Supreme Courts decision to overturn Roe vs. Wade, why does the US government not introduce an amendment to the ...
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1 vote
1 answer
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When was the last time the US Supreme Court limited rights with a decision?

The Supreme Court has now officially overruled Roe v Wade, allowing states to restrict the rights of pregnant people. When was the last time the Supreme Court came to a decision that reduced the ...
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8 votes
1 answer
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How can Marbury v Madison be reconciled with what the Constitution explicitly states?

A key premise in Marbury v Madison is that the Supreme Court’s jurisdiction is clearly defined by the Constitution, and therefore a legislative act that redistributes the jurisdiction must be ...
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11 votes
2 answers
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Does US Supreme Court Chief Justice John Roberts have recusal power over another Justice if they don't do it themself? (e.g. Clarence Thomas)

In the 2022-03-27 ABC News video Ginni Thomas texts to Meadows is a 'textbook' case for recusal: Sen. Klobuchar | ABC News after 03:24 ABC's Jonathan Karl quotes two text messages from Ginni Thomas, ...
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1 vote
1 answer
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Is US Senator Chris Murphy's bill to "subject Supreme Court Justices to... ethical code" just saber rattling? (Amy Klobuchar: "Get your act together")

In the 2022-03-27 ABC News video Ginni Thomas texts to Meadows is a 'textbook' case for recusal: Sen. Klobuchar | ABC News after 03:24 ABC's Jonathan Karl quotes two text messages from Ginni Thomas, ...
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6 votes
2 answers
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Did the US Supreme court really "exemp(t) themselves from all the ethical rules that all the other federal judges are abided by"? If so, how?

In CNN's video Toobin: Why Ginni Thomas' texts around 1/6 are problematic with the description CNN chief legal analyst Jeffrey Toobin explains why Ginni Thomas' involvement with the events of January ...
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6 votes
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What US Supreme Court ruling(s) address the SEC's proposed "Scope 3 disclosure rule" that companies must state their climate change impact?

The Reuters 2022-03-22 piece U.S. SEC proposes companies disclose range of climate risks, emissions data begins: WASHINGTON, March 21 (Reuters) - The U.S. securities regulator on Monday proposed ...
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1 answer
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Fact-based arguments for and against President Biden's plan to appoint a black female to the US Supreme Court as being like Affirmative Action [closed]

Wikipedia's Affirmative Action begins: Affirmative action refers to a set of policies and practices within a government or organization seeking to include particular groups based on their gender, ...
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16 votes
2 answers
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When was the last time, if ever, a Supreme Court justice was appointed without prior experience as a judge?

With speculation of Kamala Harris getting pushed into the Supreme Court, I'm wondering when if ever something like this has happened before. Has anyone ever been appointed to the Supreme Court without ...
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30 votes
2 answers
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Can the Senate confirm a SCOTUS nominee before the seat is vacant?

The media is reporting that Justice Stephen Breyer plans to retire at the end of this year's court term. Senate Majority Leader Chuck Schumer issued the following statement regarding the confirmation ...
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2 answers
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Does the Supreme Court have a responsibility to save lives?

Listening to the Oral Arguments in Biden v. Missouri (whether to stay the injunction against the CMS vaccine mandate), I heard a line of argument by some of the justices that seemed (to me, a ...
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3 votes
1 answer
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Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)

The following questions and their extensive answers cover the background of the issues well: How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
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34 votes
6 answers
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Why are legal decisions in the US so politicized?

(Not sure if this should be on the Law.SE. I'm guessing the answer is more political than legal, hence I'm asking it here.) Example WILMINGTON, Del. (AP) — A difficult political atmosphere for ...
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2 votes
1 answer
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How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can't assert constitutionally protected rights?'

In the CNN video Toobin: This is the most important question a justice asked CNN Chief Legal Analyst Jeffrey Toobin shares his thoughts on the Supreme Court justices' questions as they hear oral ...
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5 votes
2 answers
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Which are the the parts of the EU treaties that are incompatible with the Polish constitution according to Poland's highest court?

There are lots of articles related to Poland's highest court ruling that some parts of EU treaties are incompatible with the Polish constitution (example), but I cannot find the exact articles ...
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3 votes
0 answers
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Why does the current Polish government favor distancing from EU despite a rather low Euroscepticism and possible serious financial consequences?

According to Euronews, Poland’s constitutional court on Thursday ruled the country's laws had supremacy of those of the European Union. The article provides more context about the decision and a ...
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26 votes
4 answers
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US government arguing for A death sentence while arguing against THE death sentence; does US Supreme Court Justice Barrett have a point?

ABC News's Justices divide sharply on reinstating Boston Marathon bomber death sentence begins: Reciting the gruesome details of the 2013 Boston Marathon bombing and its violent aftermath, an ...
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21 votes
1 answer
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How does Germany regularly elect judges onto Federal Constitutional Court despite needing two-thirds majority vote?

In Germany, the judges on Federal Constitutional Court are elected by the federal parliament with two-thirds majority vote. Throughout its history, the parliament was able to elect new judges without ...
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0 votes
2 answers
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Help understanding Justice Breyer's “If A can do it, B can do it."

The New York Times just published an interview with US Supreme Court Justice Stephen G. Breyer titled Justice Breyer on Retirement and the Role of Politics at the Supreme Court in which there is a ...
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17 votes
1 answer
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Why is Amy Coney Barrett the one "who takes the first look at emergency matters from Indiana"? All US states & territories have "first look" justices?

Bloomberg Politics's August 13, 2021 news item University Vaccine Mandate Stays as Justice Barrett Rebuffs Plea includes the following: Barrett, the justice who takes the first look at emergency ...
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6 votes
2 answers
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What are the types of decisions of the Supreme Court that can be overruled by the U.S. Congress?

What are the types of decisions of the Supreme Court that can be overruled by Congress? In some countries, when the Supreme Court makes decision on any matter, it cannot be reversed by any lower ...
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12 votes
3 answers
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Why hasn't the Supreme Court found the Hatch Act unconstitutional?

The Hatch Act is a law that was passed in 1939. It says that Cabinet employees as well as other non-presidential Executive Branch members cannot talk about candidate-specific issues among other things....
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4 votes
0 answers
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Would a Constitutional court make sense in The Netherlands?

Unlike many other countries, The Netherlands has no constitutional court. Article 120 of our constitution even says: De rechter treedt niet in de beoordeling van de grondwettigheid van wetten en ...
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2 votes
0 answers
51 views

What are the minimal criteria required to be appointed as a Supreme Court Justice by the U.S. President? [duplicate]

What are the minimal criteria required to be appointed as a Supreme Court Justice by the U.S. President? Do you have to serve a certain year? What's the minimum position you must have held? I see that ...
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7 votes
1 answer
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Which President has had the greatest number of their actions ruled unconstitutional?

Abraham Lincoln suspended habeas corpus and the court ruled that it wasn’t within his authority, I am wondering which President did the most things that the Supreme Court explicitly ruled were ...
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2 answers
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Isn’t having unequal numbers of Senators in each class unconstitutional?

The Constitution says that Senators shall be divided equally as may be into three Classes So wouldn’t the current Class 3 consisting of 34 members while Class 1 and Class 2 only having 33 members be ...
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2 votes
1 answer
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Does the 15th amendment prevent voter discrimination based on ethnicity?

The 15th amendment reads: The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of ...
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4 votes
1 answer
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Have the salaries or benefits of members of the Constitutional Court ever been decreased in an European country?

Background I have watched an interview with an economic analyst arguing that Romania is in a strange situation ("conflict of interest") because the Constitutional Court members are able to ...
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2 votes
0 answers
141 views

Can the president challenge the Supreme Court ruling so that it doesn't have to roll back actions that are deemed invalid until the next president?

Can the president challenge the Supreme Court ruling so that it doesn't have to roll back actions that are deemed invalid until the next president? Because of a legal technicality called the unitary ...
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6 votes
2 answers
329 views

Why do SCOTUS judges generally try to at least *appear* apolitical?

SCOTUS justices in particular usually try to put on a veil of being impartial by not endorsing presidential candidates or directly involving themselves in political discussions unless it is ...
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-3 votes
1 answer
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Is Israel prejudiced against Jews that are atheists?

From this answer, (emphasis added by me) Whether a Jew can cease being Jewish is a controversial topic. In the eyes of the Israeli state it is possible, but probably requires a religious conversion. ...
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-1 votes
1 answer
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What would be the benefit to have more Supreme Court Justices? [closed]

One thing Joe Biden has mentioned was adding more seat to the Supreme Court. Why would he suggest this? How would it benefit the Court? Originally in 1789, there were six total justices (one Chief ...
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37 votes
3 answers
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Has the Israeli supreme court ever come to a decision that can be seen as pro-Palestine or pro-Arab/anti-Israel/-Jew?

Has the Israeli supreme court ever come to a decision that can be seen as pro-Palestine or pro-Arab/anti-Israel/-Jew? I have heard proponents of the Palestine/Arab side claim the Israeli supreme court ...
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18 votes
4 answers
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Can the President of the United States ignore the Supreme Court?

If the President (and their administration) considered the Supreme Court to be politically "illegitimate", would they be able to ignore its rulings? Is there any precedent for this?
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0 votes
6 answers
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Are there examples in the world in some countries, of non supreme court members of the governments having legitimacy to interpret the constitution?

I've heard some armies make oaths to defend the constitution. Also I've heard about sheriffs publicly refusing to enforce a law on constitutional grounds. I'm not sure if they have the legitimacy to ...
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3 votes
1 answer
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How far does Congressional judicial stripping extend?

Under Article III Section 2 Clause 2, Congress has the power to limit the Supreme Courts power: In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State ...
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2 votes
2 answers
265 views

Can the Supreme Court strike down parts of laws or can they only strike down entire laws even if only some parts of them are unconstitutional?

Basically a line item veto, but for declaring laws unconstitutional.
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5 votes
1 answer
214 views

What did the Framers of the Constitution have to say about court packing?

Trump has repeatedly said that Biden wants to pack the courts, this likely wouldn’t work because of the Senate filibuster. Although hard, if one party were able to obtain 60 seats in the Senate, ...
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6 votes
3 answers
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Argument for why the electoral clause was not violated by balloting changes related to Covid-19

The electoral clause (article II, section I, clause 2) of the U.S. constitution states: Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to ...
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