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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9
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2answers
823 views

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 ...
17
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4answers
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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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6answers
220 views

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 ...
3
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1answer
184 views

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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2answers
213 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.
5
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1answer
147 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, ...
6
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3answers
387 views

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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0answers
81 views

Limitations on the Senate changing the SCOTUS size [duplicate]

I've read up on the process it takes to expand the Supreme Court, and I was wondering if there are any guard rails to stop this process from going insane. If the Democratic Senate expands the court to ...
2
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1answer
191 views

Can the Supreme Court declare an impeachment unconstitutional? [duplicate]

Somebody asked:Why is the Senate, and not the Supreme Court, deciding whether the current impeachment is constitutional? As an Australian lawyer, I was thinking the same way. If a valid impeachment is ...
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7answers
9k views

Why isn't the constitutionality of Trump's 2nd impeachment decided by the supreme court?

Just five GOP senators vote Trump impeachment trial is constitutional As I understand the US supreme court, they rule on the constitutionality of issues. Therefore it seems like the question of ...
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3answers
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How did US Supreme court Justice John Roberts “let it be known” that he did not wish to preside over the 2nd presidential impeachment?

NPR.org's Sen. Patrick Leahy To Preside Over Trump's Senate Impeachment Trial says: Chief Justice John Roberts presided over Trump's first impeachment trial, but now that Trump is a former president, ...
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1answer
114 views

Who swears in the president if all of the sitting members of the Supreme Court are dead? [duplicate]

The Chief Justice of the Supreme Court is supposed to swear in president-elect of the United States. If there is no sitting Chief Justice, another member of the court would swear the president and ...
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1answer
193 views

What gives the Supreme Court the authority to restrict free speech? [closed]

I am confused as to how they can prevent certain kinds of speech from being used. Doesn't the Constitution say it can't be limited?
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1answer
109 views

What checks and balances are there to stop the Supreme Court from grossly misinterpreting the constitution?

If the Supreme Court were to rule that they have the power to impeach and convict the president because they are supposed to make sure the constitution is not violated or ruling that the first ...
8
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2answers
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Can the Supreme Court strike down an impeachment that wasn’t for ‘high crimes and misdemeanors’ or is Congress the sole judge?

If an impeachment for something clearly not a ‘high crime or misdemeanor’ were to go though for example for increasing tariffs, would the Supreme Court have the power to overturn their judgement?
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1answer
238 views

How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?

I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
3
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1answer
241 views

Why did Trump not rescind DACA via an executive order?

In Early September of 2017, DACA was rescinded by then-Acting Secretary of Homeland Security Elaine Duke via a Department Memorandum. The Supreme Court struck down this memorandum in mid-June of 2020 ...
9
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1answer
490 views

Did the Supreme Court have a time limit on responding to Texas v Pennsylvania et. al?

In the lawsuit filed by Texas against Pennsylvania and other states, SCOTUS did request the defendants to respond by December 10, 2020, but they did not say until December 11 that they were not going ...
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2answers
269 views

The Texas lawsuit and contingent election

With filing the Texas lawsuit it becomes increasingly clear that the whole post-election strategy of Trump was to shift the presidential election to the House of Representatives with the help of the ...
11
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1answer
249 views

What is the US Supreme Court case with the highest number of US states party to the case?

Sometimes US Supreme Court cases have had more than one US state as a party, e.g. in Massachusetts v. EPA The petitioners were the states of California, Connecticut, Illinois, Maine, Massachusetts, ...
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0answers
204 views

Why are most presidents Protestants while none of the judges at the Supreme Court are Protestants? [closed]

Most of the American Presidents were Protestants. This is somehow expected as Protestants are the largest religious group in the USA. But none of the judges at the Supreme Court are Protestants which ...
6
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1answer
233 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?
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2answers
379 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 ...
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3answers
172 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
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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?
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1answer
345 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 ...
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2answers
270 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 ...
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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 ...
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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
5k views

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 ...
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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
86 views

Supreme Court nominee senate confirmation hearing purpose [closed]

What is the purpose of senate confirmation hearings for Supreme Court nominees?
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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 ...
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4answers
288 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 ...
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3answers
919 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
430 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 ...
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4answers
800 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
211 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?
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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 ...
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3answers
427 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 ...
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3answers
364 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 ...
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0answers
59 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 ...
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2answers
261 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 ...
27
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6answers
8k 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 ...
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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 ...
29
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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 ...

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