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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5 votes
1 answer
213 views

Have the salaries or benefits of members of the Constitutional Court ever been decreased in a 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 ...
17 votes
5 answers
5k views

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 ...
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 ...
4 votes
0 answers
183 views

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 ...
41 votes
3 answers
5k 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 ...
4 votes
1 answer
728 views

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 ...
24 votes
5 answers
5k views

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 ...
1 vote
1 answer
204 views

Are there any publicly known plans on a lame-duck Senate SCOTUS confirmation vote be held in order to satisfy senators conditions?

Four Republican senators have said that they would not vote on a justice before the election. I am wondering about circumventing the risk of the senators following through on that by holding the vote ...
5 votes
1 answer
586 views

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 ...
1 vote
1 answer
374 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 ...
4 votes
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 ...
12 votes
3 answers
953 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 ...
4 votes
1 answer
134 views

Was the U.S. IRS instructed to give Congress Donald Trump's tax records; if so, have they?

With the recent ruling by the Supreme Court letting Manhattan prosecutor pursue Donald Trump's financial records, it rejected President Trump’s bold claims of immunity from local law enforcement and ...
11 votes
3 answers
3k views

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 ...
11 votes
4 answers
3k views

Why aren't there upper-age limits for government officials in the US?

Why aren't there upper-age limits for serving on the Supreme Court or as the President of the United States? What if while in office one of these officials starts to develop dementia or some other ...
3 votes
1 answer
297 views

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... ...
25 votes
5 answers
6k views

Why didn't a conservative majority SCOTUS repeal Roe v. Wade before 2022?

I'm ignorant of the judicial branch, and I have a question, which I would like answered irrespective of the "pro-choice" or "pro-life" debate and focused on the workings of the ...
10 votes
2 answers
6k views

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 ...
4 votes
2 answers
137 views

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 ...
-4 votes
1 answer
193 views

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 ...
10 votes
2 answers
850 views

Why Is The U.S. Supreme Court Reviewing So Few Cases On The Merits?

The U.S. Supreme Court in recent years has been deciding fewer cases on the merits than it has at any time since the end of the U.S. Civil War. (Source) Yet, the volume of cases eligible for its ...
8 votes
1 answer
521 views

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 ...
4 votes
2 answers
282 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 ...
9 votes
1 answer
532 views

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 ...
5 votes
1 answer
308 views

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 ...
4 votes
1 answer
337 views

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-...
-1 votes
2 answers
201 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 ...
6 votes
1 answer
352 views

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: ...
5 votes
2 answers
456 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,...
11 votes
4 answers
7k views

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/...
3 votes
1 answer
401 views

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"...
32 votes
4 answers
7k views

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 ...
2 votes
4 answers
1k views

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, ...
7 votes
1 answer
336 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 "...
20 votes
7 answers
12k views

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 ...
5 votes
1 answer
266 views

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 ...
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 ...
-9 votes
1 answer
299 views

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 ...
-2 votes
4 answers
260 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 ...
4 votes
2 answers
240 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 ...
4 votes
0 answers
137 views

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 ...
1 vote
1 answer
345 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 ...
0 votes
0 answers
94 views

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 ...
1 vote
0 answers
85 views

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 ...
34 votes
5 answers
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 ...
12 votes
2 answers
2k views

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, ...
1 vote
1 answer
197 views

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, ...
6 votes
2 answers
846 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 ...
4 votes
4 answers
735 views

Is it known who replaces whom on SCOTUS if there are two vacancies?

Speculation is that Clarence Thomas may also retire while Republicans hold the Presidency, presumably to ensure his replacement is a Republican-appointed Judge. Let's assume that happens soon, and ...
5 votes
1 answer
786 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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