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.
272 questions
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Who checks and balances SCOTUS?
My apologies for the question that must be very basic.
Suppose that the Supreme Court of the United States is corrupt enough to usurp powers far beyond the original intent. What are the mechanisms to ...
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Could Biden's supreme court reform ideas have any chance to happen, or is it empty talk to please his base? [closed]
Biden has been talking about Supreme court reforms, such as adding term limits and ethics restraints.
Some of them, like term limits, would almost certainly require a constitutional amendment. Other'...
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Presumed Immunity and Unquestioned Motivations
I’ve been trying to understand the ramifications of the recent US Supreme Court ruling. As I understand it…
Core Constitutional duties have absolute immunity
Official acts have presumed immunity (...
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Can the US president legally kill at will?
Following the ruling by SCOTUS in Trump v. United States (2024) that Presidents enjoy absolute immunity for their exclusive powers and presumptive immunity for their remaining official acts, I have ...
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What would happen if a US circuit court consistently issued decisions contrary to recent Supreme Court precedent?
I'm imagining a US circuit court where the majority of judges were ideologically opposed to the present direction of the Supreme Court. What would happen if they begin to consistently issue rulings ...
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Can the U.S. government do anything to prevent Bytedance from taking it to the Supreme Court after the ban?
Tiktok's US subsidiary of the company Bytedance has decided to take the matter to the Supreme Court after the US government decided to ban it. Can the US government can do anything to prevent this, or ...
user28660
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Is it possible to limit future Supreme Court justices to judges seated on the federal appellate bench without a constitutional amendment?
Some judges worried that random appointments could result in
lower-quality Supreme Court justices.
“(J)ust because someone is on the Court of Appeals does NOT mean they
are SCOTUS material,” argued ...
user28660
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If POTUS doesn't name a candidate to fill a SCOTUS vacancy, can the Senate fill the seat?
If the President doesn't name a candidate to fill a Supreme Court vacancy, can the Senate fill the seat, anyway?
If Biden were to win re-election, the Republicans take the Senate, and a Supreme Court ...
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Did SCOTUS have the authority to rule on McConnell's refusal to allow Obama to fill a SCOTUS vacancy?
In 2016, the death of Justice Scalia created an opening in the Supreme Court. Senate Majority Leader McConnell announced he would not grant a hearing for any candidate proposed by then-President Obama....
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Does the US Supreme Court judgement preventing States from barring Trump in the ballot make any rulings on the 'insurrectionist' charges against him?
The Justices unanimously reversed a December 19 decision by Colorado's top court to kick Mr. Trump off the State's Republican primary ballot after finding that the U.S. Constitution's 14th Amendment ...
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What exactly are the "stridencies" in the majority opinion on the Colorado ballot exclusion to which the two concurrencies refer? [closed]
In CNN's March 5, 2024 Retired federal judge blasts Supreme Court ruling: 'Stunning in its overreach' retired federal Judge J. Michael Luttig says the following (excerpted from YouTube auto-transcript ...
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By whom was the Trump "Immunity case" stayed while the appeal was being heard by SCOTUS?
According to a number of YouTube videos, when a case is appealed to the Supreme Court, the Court may initially decide on two separate issues:
Whether it will grant or deny certiorari. If four or ...
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How did the Colorado Supreme Court justify extending Section 3 of 14th amendment to the presidency? How did the minority opinion argue against this?
The NYTimes' December 19/20, 2023 LIVE: Trump Ballot Ruling; Trump Is Disqualified From the 2024 Ballot, Colorado Supreme Court Rules includes the following:
The Colorado court’s lengthy ruling ...
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If UK government "ignored the law" on asylum seekers, what are the consequences? [duplicate]
The UK government wants to send some asylum seekers to Rwanda, but the proposed policy has been ruled unlawful by the UK Supreme Court.
The Conservative deputy chairman Lee Anderson is widely reported ...
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What's going on with the effort to disqualify Trump in 2023 under the Constitution, Article 14, Clause 3
Question:
What's going on with the effort to disqualify Trump for 2024 under the Constitution.
To recap:
Two legal scholars from the very influential right wing Federalist Society came out with a 128 ...
user47010
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What exactly are the negative consequences of the Israeli Supreme Court reform, as per the protestors?
Israel has had massive anti-government protests for 6 months due to the proposed Supreme Court reforms. But what are the exact negative consequences of such a reform, as per the protestors?
Are they ...
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Can a supreme court oust an elected head-of-government due to a conflict of interest?
In Israel, the supreme court is going to discuss an appeal to oust the prime minister, due to claims that he has a conflict of interest: he is involved in legislation regarding the justice system ...
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What did Chief Justice Chase mean by "consent of the States" in Texas v. White (1869)?
In the 1869 case of Texas v. White, the US Supreme Court ruled that states did not have the constitutional right to unilaterally secede from the Union. Writing for the majority opinion, Chief Justice ...
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Are there any explanations about US Supreme Court reversing decades old past decisions now?
According to CBS News:
The Supreme Court on Thursday ruled that race-conscious admission
policies of Harvard College and the University of North Carolina
violate the Constitution, bringing an end to ...
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Can the supreme court decision to abolish affirmative action be reversed at any time?
https://www.supremecourt.gov/opinions/22pdf/20-1199_hgdj.pdf
The Court has come to rest on the bottom-line conclusion that racial
diversity in higher education is only worth po- tentially preserving
...
user28660
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Would it be constitutional in the US to have age limits for SCOTUS justices?
As DeSantis said, in Florida
“We have age limits for justices,” DeSantis said. “The minute I got elected to office, three of the four liberal justices were off the court, because of age. So, I was ...
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What would happen if the US exhausts extraordinary measures, debt limit is not increased, and Treasury decides to ignore limit and issue new debt? [closed]
Treasury Secretary Yellen said this would be a "constitutional crisis". What would that entail? Would it be up to SCOTUS to tell the executive it can't do that? And then SCOTUS would what... ...
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Why hasn't the Attorney General investigated Justice Thomas?
It sounds like Justice Thomas has made clear and egregious mistakes in disclosure,
Over the past two decades, Supreme Court Justice Clarence Thomas has reported on mandatory financial disclosure ...
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What is the scope of judicial review by the Supreme Court of India?
The various articles of the constitution (Part V, Chapter IV - The Union Judiciary) regarding the supreme court seem to give the impression that their conduct is heavily regulated by presidential ...
user45449
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What Are The Exact Differences Between The US Judicial System And The Proposed Israeli Judicial Reform, In Terms Of Checks And Balances
The Israeli Judicial Reform plan is still in the making, so changes to the precise rules of the proposal are expected. But the basic ideas of it are as follows:
According to the current law, some ...
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Why hasn't the USA's Supreme Court made any official decisions to the cases they have heard in over a year?
It looks like there has been exactly two case from the supreme court 2022-2023 term that had a decision rendered, there are even some cases from the past term that don't yet have decisions yet. I ...
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Did any people manage to get their student loans forgiven via Biden program before courts blocked it?
I tried Googling it, but it gave me irrelevant results.
Did any of the people at all who applied very first (during the beta rollout on that weekend) manage to get their applications processed and 10-...
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Could the government legally create an election in which only some people could vote? [closed]
I was considering that if I were in some lawmaking position I would consider advocating that abortion rights should be voted on by females and the result of that election would become law.
On ...
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How does Ret. US Supreme Court Justice Breyer propose to "...decide cases in a way that will prevent social discord stemming from religion"?
In CNN's September 26, 2022 excerpt from Who's Talking to Chris Wallace Ex-Supreme court justice visibly emotional discussing Roe v. Wade reversal, Retired Supreme Court Justice Stephen Breyer says:
...
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Does this clip represented an official admission of guilt by Bush?
When speaking at his presidential library, Bush accidentally said "Iraq" instead of Ukraine when he is condemning the illegal Russian invasion, as seen here. He also followed up his mistake ...
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Can the Kansas Supreme Court overturn the results of the Value Them Both ballot measure?
Shortly after the SCOTUS overturned Roe v. Wade, states began taking their own measures for and against abortion. Kansas took an interesting turn.
Despite the apparent redundancy under the rule of Roe,...
user2578
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Would Roe V. Wade have been overturned even without Dobbs V. Jackson triggering the Judicial Review?
I have meager knowledge of US Politics, even less of US Laws.
I am curious to know whether
The SCOTUS was actively considering overturning Roe V. Wade and Dobbs V. Jackson was just a "happy"...
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On what grounds would Roe vs. Wade be a "bad law"?
Many opponents of the newly overturned Roe vs. Wade law claim the law was "bad law", as stated on this, National Review, openly conservative website. https://www.nationalreview.com/corner/...
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What would happen if an American state didn’t follow a ruling by the Supreme Court?
If the Supreme Court decided that same-sex marriage was a right on the federal level, what would happen if a specific state decided not to follow their ruling?
What power does the federal government ...
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Can a state delegate the creation of a law to an unelected agent such as the Supreme Court?
This is with regard to the constitutionality of "trigger laws" such as those that went into effect, automatically, after the overturn of Roe vs. Wade.
I am neither a lawyer nor a politician, ...
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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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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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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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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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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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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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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 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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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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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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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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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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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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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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