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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4
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2answers
276 views

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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0answers
108 views

What if the Supreme Court ruled that they are unimpeachable? [closed]

Would Congress be bound by this allowing them to do whatever they want without any accountability or could Congress just override them and remove them from office?
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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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0answers
86 views

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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1answer
329 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 ...
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0answers
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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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2answers
2k views

What requirements are there for becoming a supreme court justice?

Can the president appoint anyone as a supreme court justice? What requirements are there for becoming a supreme court justice? Do you need to be a lawyer or not?
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2answers
293 views

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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1answer
162 views

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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1answer
93 views

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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127 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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2answers
217 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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1answer
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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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1answer
171 views

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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3answers
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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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6answers
232 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 ...
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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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1answer
244 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?
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1answer
196 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
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794 views

Why does the US Supreme Court work this way?

Sorry for the non-descriptive title, but while I was typing a more descriptive one I realized it was going to be overly long. My understanding of the USSC appointments is that they are for life only ...
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1answer
169 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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3answers
413 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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1answer
293 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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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 ...
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5answers
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How do proponents of the “Living Constitution” view respond to the argument that it undermines democracy?

Those who reject originalism as a judicial philosophy generally say that the Constitution is a "living document" which changes in meaning as society changes. Further, they believe that the Supreme ...
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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
195 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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1answer
115 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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3answers
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Is there a “double-standard” in the SCOTUS June 2020 ruling on DACA?

On June 18, 2020, SCOTUS ruled Trump's ending of DACA was invalid. The reason -- as I understand it -- was that Trump acted by written memorandum instead of following the formal Administrative ...
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1answer
195 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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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
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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 ...
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1answer
245 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 ...
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1answer
554 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
270 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 ...
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3answers
5k views

Is there historical precedent for the US Senate to confirm a SCOTUS nominee from a POTUS of their own party in an election year?

There is debate over whether it is right for Donald Trump to try to replace Ruth Bader Ginsburg on the SCOTUS now, because the election is coming up. Republican Senator Mitt Romney said he will still ...
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8answers
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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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1answer
237 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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1answer
2k views

What effect does the recent SCOTUS decision on faithless electors have on the National Popular Vote Interstate Compact?

What effect, if any, does the recent SCOTUS decision on faithless electors have on the National Popular Vote Interstate Compact? This compact requires the electors from the states signed into the ...
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2answers
389 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
187 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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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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19answers
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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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10answers
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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? ...
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1answer
354 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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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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2answers
286 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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2answers
379 views

The Supreme Court and Ethics

I have heard talk of creating a code of ethics for the supreme court. Does this mean that no such thing currently exists? What happens if a Supreme Court justice does things that are unethical? Is ...

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