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.

Filter by
Sorted by
Tagged with
0
votes
2answers
360 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 ...
17
votes
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 ...
6
votes
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 ...
11
votes
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
votes
0answers
90 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 ...
2
votes
0answers
49 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 ...
7
votes
1answer
336 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
votes
2answers
299 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
votes
1answer
168 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 ...
3
votes
1answer
158 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 ...
2
votes
0answers
131 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
votes
2answers
226 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 ...
-3
votes
1answer
196 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. ...
-1
votes
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
votes
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 ...
17
votes
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?
0
votes
6answers
235 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
votes
1answer
212 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 ...
2
votes
2answers
226 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
votes
1answer
181 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
votes
3answers
420 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 ...
1
vote
0answers
82 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
votes
1answer
198 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 ...
33
votes
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
votes
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, ...
0
votes
1answer
116 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 ...
-2
votes
1answer
200 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?
-2
votes
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 ...
8
votes
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?
5
votes
1answer
250 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
votes
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
votes
1answer
564 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
votes
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 ...
11
votes
1answer
304 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, ...
6
votes
1answer
241 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?
3
votes
2answers
392 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 ...
2
votes
3answers
194 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 ...
9
votes
2answers
3k views

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?
3
votes
1answer
363 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 ...
3
votes
2answers
292 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 ...
8
votes
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 ...
30
votes
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
votes
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 ...
44
votes
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.
-1
votes
2answers
86 views

Supreme Court nominee senate confirmation hearing purpose [closed]

What is the purpose of senate confirmation hearings for Supreme Court nominees?
12
votes
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 ...
-4
votes
4answers
329 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 ...
7
votes
3answers
987 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, ...
8
votes
1answer
460 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 ...
6
votes
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 ...

1
2 3 4 5