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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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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1 answer
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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 ...
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24 votes
5 answers
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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 ...
JonathanReez's user avatar
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5 votes
1 answer
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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 ...
Erel Segal-Halevi's user avatar
1 vote
1 answer
341 views

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 ...
Mark Morales II's user avatar
7 votes
7 answers
4k views

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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1 answer
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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 ...
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3 answers
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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 ...
Fizz's user avatar
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4 votes
1 answer
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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... ...
Matt Chambers's user avatar
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2 answers
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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 ...
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4 votes
2 answers
281 views

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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1 answer
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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-...
InfiniteLoop's user avatar
-1 votes
2 answers
197 views

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: ...
uhoh's user avatar
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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 ...
Faito Dayo's user avatar
5 votes
2 answers
452 views

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,...
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3 votes
1 answer
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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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32 votes
4 answers
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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 ...
Julius H.'s user avatar
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2 votes
4 answers
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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, ...
Michael Macha's user avatar
12 votes
3 answers
952 views

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 ...
fdkgfosfskjdlsjdlkfsf's user avatar
7 votes
1 answer
326 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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-9 votes
1 answer
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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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5 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 ...
fdkgfosfskjdlsjdlkfsf's user avatar
-2 votes
4 answers
258 views

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 ...
Someone's user avatar
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20 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 ...
kandi's user avatar
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4 votes
0 answers
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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 ...
Fizz's user avatar
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4 votes
2 answers
230 views

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 ...
Drake P's user avatar
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0 answers
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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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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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29 votes
4 answers
6k views

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 ...
Joey Joystick's user avatar
1 vote
1 answer
342 views

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 ...
Gramatik's user avatar
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9 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 ...
Alex's user avatar
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12 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, ...
uhoh's user avatar
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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, ...
uhoh's user avatar
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6 votes
2 answers
807 views

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 ...
uhoh's user avatar
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6 votes
2 answers
686 views

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 ...
uhoh's user avatar
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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, ...
uhoh's user avatar
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16 votes
2 answers
5k views

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 ...
Evan Carroll's user avatar
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30 votes
2 answers
3k views

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 ...
Panda's user avatar
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0 votes
2 answers
318 views

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 ...
Alex's user avatar
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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&#...
uhoh's user avatar
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35 votes
6 answers
9k views

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 ...
Allure's user avatar
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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 ...
uhoh's user avatar
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5 votes
2 answers
309 views

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 ...
Alexei's user avatar
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3 votes
0 answers
198 views

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 ...
Alexei's user avatar
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26 votes
4 answers
7k views

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 ...
uhoh's user avatar
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21 votes
1 answer
5k views

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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