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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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?
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Can the Supreme Court overturn an impeachment?

Article 2, Section 4 of the US Constitution states: The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, ...
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2answers
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What exactly are the Chief Justice's powers and roles in "presiding" over a presidential impeachment proceeding?

The Chief Justice of the Supreme Court presides over the Senate during an impeachment trial of the President of the United States. My question is... what exactly does that mean? Does he just have to ...
33
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7answers
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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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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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2answers
478 views

What procedure must one go through to expand the SCOTUS?

What process must one go through to increase the size of the SCOTUS? Would it be a simple bill that needs to be passed? Is this a "two-thirds" situations? I can find on the internet that Congress ...
79
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10answers
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Why is the debate on the composition of the U.S. Supreme Court so politicised?

Why is the debate on the composition of the United States Supreme Court so politicised? Many other countries, such as the United Kingdom, Germany, Netherlands, European Union, and others, have courts ...
14
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4answers
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Supreme Court Justice Importance of Party Affiliation

There is talk about politicians not wanting Obama to elect a new Supreme Court Justice due to the untimely death of of Antonin Scalia. There is also talk about only having 8 seats filled for so many ...
26
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1answer
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Can the Democrats filibuster the vote for a new judge for the Supreme Court?

The Republicans will try to install a new judge for the Supreme Court before the election. Can the Democrats prolong this process, e.g. by filibuster, so that it does not finish on time?
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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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5answers
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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 ...
25
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Why wasn't Elena Kagan's lack of *judicial* experience an issue?

Associate Justice of the Supreme Court of the United States Elena Kagan held the job of Solicitor General at the time she was nominated to the Supreme Court by Barack Obama. Her legal bona fides ...
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4answers
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Is this proposal by U.S. presidential candidate Pete Buttigieg to change the composition of the Supreme Court constitutional?

Pete Buttigieg is running as a candidate for the U.S. Democratic Presidential Primary to become the Democratic Presidential Nominee. He recently(-ish) said he was looking into/supportive of a plan ...
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2answers
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Doesn't the system of the Supreme Court oppose justice?

I'm new to US politics and the Judicial Branch in the US. First to clarify: I know that members of the supreme court get chosen by the president and therefore often share the same political views. I'm ...
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Could the SCOTUS void a Presidential Pardon?

Would it be possible for the Supreme Court of the United States to void a Presidential Pardon? If so how would they do it? If not why?
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3answers
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Can congress be sued for prolonging the nomination of a Supreme Court Justice?

If Congress pledged outright to block the nomination of any new Justice, (which I believe they already have), can someone hit Congress with a lawsuit (which could ultimately reach the Supreme Court)? ...
42
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12answers
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What do Democrats have to gain, politically, by preventing Brett Kavanaugh's appointment to the Supreme Court?

From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?
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3answers
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Why are SCOTUS appointee Senate hearings not mandatory?

Of the 29 failed Supreme Court appointees, there seem to have only been two that didn't have Senate hearings, one being Merrick Garland (Barack Obama's nominee), whose nomination expired on January ...
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5answers
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Why aren't the justices of the Supreme Court of the United States democratically elected?

Related: Doesn't the system of the Supreme Court oppose justice? and Why is the debate on the composition of the U.S. Supreme Court so politicised? In following the aftermath of Justice Ruth Bader ...
5
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2answers
755 views

If the Supreme Court were depopulated, what powers would be lost?

If, due to some doubly unlikely and unhappy combination of accident and obstinacy: a sitting Supreme Court were to (as a whole) perish or all retire, (whether suddenly or gradually), a lengthy ...
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What are Donald Trump's legal options if he loses the Presidential Election?

So assume sometime on the night of November 8th or maybe in the wee hours of the morning on the 9th, the media declares one Hillary Clinton the next president of the US. In response Donald Trump does ...
35
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6answers
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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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5answers
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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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2answers
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Do any Republican Senators oppose replacing Justice Ginsburg on the Supreme Court before the election?

After Justice Ruth Bader Ginsburg's death earlier today, Senator McConnell vowed to bring the President's nominee to a vote quickly: The Senate majority leader, Mitch McConnell of Kentucky, said late ...
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5answers
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Could the Queen overturn the UK Supreme Court ruling regarding prorogation of Parliament? [duplicate]

A couple of days ago, the UK Supreme Court ruled that Boris Johnson's advice to the Queen, which led to the prorogation of Parliament for 5 weeks ahead of the October 31st Brexit date, was unlawful. ...
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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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3answers
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Does substantive due process apply to the Second Amendment?

The Fifth Amendment to the United States Constitution states, in part, "No person shall be ... deprived of life, liberty, or property, without due process of law." Since the 1930's, the Supreme Court ...
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6answers
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Why didn't Barack Obama try to force the Senate to hold hearings on SCOTUS nominee Merrick Garland?

US Constitution Article 2 says this about the appointments to the Supreme Court: [the President] shall nominate, and by and with the Advice and Consent of the Senate, shall appoint (...) Judges ...
27
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6answers
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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
272 views

Between 1984 and 1994 US Supreme Court filings almost doubled but arguments nearly halved. Why?

US Supreme Court Chief Justice John Roberts has released his end of the year message for 2019, and the Appendix is a brief summary of the "workload of the courts". I noticed that the plots suggest ...
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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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3answers
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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 ...
36
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1answer
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Did two dissenting Supreme Court justices agree that Trump was "absolutely immune" to the Manhattan DA's subpoena?

In the CNN News clip Analyst: Trump doesn't have legal power to do what he's threatening former federal and state prosecutor and current CNN legal analyst Elie Honig said: Last month by a 7 to 2 vote ...
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2answers
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If either party would "pack the Supreme Court", what would be stopping the next administration from just doubling (+1) the number of judges again?

If either party (i.e. Democrats or Republicans) in the US would proceed to "pack the Supreme Court", what would be stopping the next administration (i.e. after power has switched once again ...
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2answers
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Why are lawsuits between the President and Congress not automatically sent to the Supreme Court

When the United State Congress and the President are involved in a legal fight together, the resulting legal case originates in a US District Court for DC, as was the case for United States v. Nixon. ...
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3answers
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Is there any political reason for a President to avoid appointing a Justice after election day?

Even if Trump loses the Nov. 3 election, he will still have the full powers of the President until inauguration day on January 20th. My suspicion is that Trump will wait until after the election to ...
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2answers
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Could a lengthy enough political gridlock entirely depopulate the Supreme Court?

A logical extreme based on Can congress be sued for prolonging the nomination of a Supreme Court Justice?. First suppose Congress cannot be sued from prolonging the nomination of a Supreme Court ...
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3answers
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Has the supreme court ever been asked to hear a case directly involving the president who appointed at least one of the Justices?

At least one of the lawsuits against Trump appear to be headed to a supreme court which includes his appointees. Has anything like this historically occurred, perhaps in a lower court? If so, Did ...
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2answers
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What is the "Biden rule" mentioned during the nomination of Merrick Garland to the US Supreme Court?

In 2016, during the nomination of Justice Merrick Garland to the Supreme Court many Republicans cited the "Biden rule" to justify denying him a hearing. What is the truth behind this so-...
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4answers
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Can the Senate postpone confirming a new Supreme Court judge virtually indefinitely?

Right now the Republican leadership are refusing to confirm a Supreme Court nominee in order to keep a Democratic President's nomination from being accepted. Can the Senate postpone confirming a ...
8
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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 ...
8
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1answer
481 views

What power, if any, does the SCOTUS Chief Justice have to hamper or reject an appointment they dislike?

In FiveThirtyEight's wrapup of their Kavanaugh hearing coverage, one writer said (emphasis mine): Second, in this difficult and circular path, the fundamental process of confirmation to the Supreme ...
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3answers
799 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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4answers
849 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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2answers
438 views

Constitutionality of the Income Tax

There is a growing movement in the United States of Americans that call into question the constitutionality of the Federal Income tax in the modern age. Understanding that the income tax first came ...
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1answer
517 views

Does the DOMA fifth amendment protections extend to religious members and unequal treatment by the IRS?

Does the recent SCOTUS decision on the Defense Of Marriage Act (DOMA) have any implications on the unconstitutionality of Mortgage Interest deductions for peoples whose religions bar them from ...
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Can the Supreme Court define what civil liberties Americans enjoy?

Can the Supreme Court define what civil liberties Americans enjoy? Or, the Court can use the rulings only against infringing of civil right (which are different from civil liberties)?
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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. ...