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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26
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4answers
6k 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 ...
5
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2answers
210 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 ...
3
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0answers
160 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 ...
21
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1answer
4k 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 ...
8
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3answers
1k 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, ...
0
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2answers
366 views

Help understanding Justice Breyer's “If A can do it, B can do it."

The New York Times just published an interview with US Supreme Court Justice Stephen G. Breyer titled Justice Breyer on Retirement and the Role of Politics at the Supreme Court in which there is a ...
8
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2answers
706 views

Can the Senate wait until the election and then confirm the president's Supreme Court nominee?

Currently the Republican held Senate has vowed to block any Supreme Court nominee by President Obama. The president recently nominated Merrick Garland. Merrick is fairly moderate and, while he's no ...
4
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1answer
426 views

Can a lame duck Senate confirm a SCOTUS nominee?

Given that a number of reasons for delaying a vote on the confirmation of Judge Kavanaugh to the Supreme Court have come up, it may happen that they will not be resolved until after the mid-term ...
3
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1answer
161 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 ...
8
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5answers
1k views

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 ...
17
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1answer
2k views

Why is Amy Coney Barrett the one "who takes the first look at emergency matters from Indiana"? All US states & territories have "first look" justices?

Bloomberg Politics's August 13, 2021 news item University Vaccine Mandate Stays as Justice Barrett Rebuffs Plea includes the following: Barrett, the justice who takes the first look at emergency ...
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3answers
578 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 ...
6
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2answers
371 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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3answers
3k views

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....
4
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0answers
96 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 ...
7
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1answer
338 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 ...
2
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0answers
50 views

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 ...
13
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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?
-2
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2answers
301 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 ...
2
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1answer
173 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 ...
2
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0answers
132 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 ...
6
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2answers
239 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
200 views

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
176 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 ...
37
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3answers
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 ...
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6answers
238 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 ...
18
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4answers
7k views

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?
5
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1answer
253 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
219 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
227 views
8
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3answers
801 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 ...
5
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1answer
186 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
430 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 ...
11
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1answer
313 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
85 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 ...
33
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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 ...
10
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3answers
2k views

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, ...
2
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1answer
205 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 ...
0
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1answer
117 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 ...
14
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3answers
2k views

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
201 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?
8
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2answers
1k views

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
118 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 ...
3
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1answer
251 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
567 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 ...
3
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2answers
271 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 ...
12
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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 ...
44
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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.
6
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1answer
246 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?
16
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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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