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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79
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10answers
21k views

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 ...
68
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10answers
24k views

How did the Kavanaugh confirmation move so quickly despite the serious allegations?

I did not pay attention to the news for a few days and am completely confused now. Last I saw, Kavanaugh was in the midst of his sexual assault hearings. I thought Trump had said he would let a ...
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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.
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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From a purely political perspective: If his nomination is withdrawn, won't Trump just nominate another conservative judge (who would presumably be confirmed by the republican-controlled senate)?
40
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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 ...
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 ...
36
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1answer
7k views

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 ...
35
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6answers
5k views

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 ...
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 ...
31
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6answers
15k views

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 ...
31
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3answers
7k views

Would a President get to fill a Supreme Court vacancy just after he lost an election in November/December?

Suppose an incumbent President loses an election in November and a supreme court vacancy were to emerge right after his loss but before the swearing-in of his successor. Would he be able to fill this ...
31
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2answers
9k views

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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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? ...
30
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6answers
8k views

What does Brett Kavanaugh mean with "revenge on behalf of the Clintons"?

During his personal statement in confirmation hearings before the Senate Judiciary Committee, Brett Kavanaugh said: This whole two-week effort has been a calculated and orchestrated political hit, ...
30
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4answers
7k views

Has the US Supreme court ever altered its own precedent on the same topic twice?

I know there have been a number of instances where the United States Supreme Court has basically 'changed its mind' and ruled in a manner counter to a previous Supreme Court ruling. The most obvious ...
30
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2answers
8k views

Can the president appoint him- or herself to the Supreme Court?

Are there any provisions in the United States Constitution, or other U.S. laws or regulations, that specifically prohibit—or otherwise preclude—the president from appointing him- or herself to the ...
30
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1answer
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Was the ruling that prorogation was unlawful only possible because of the creation of a separate supreme court?

So the UK supreme court has just ruled the prorogation of parliament to be unlawful. This court has only existed since 2009, taking on the role as the court of final appeal from the House of Lords. ...
28
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5answers
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 ...
28
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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 ...
28
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3answers
6k views

Isn't the question of partisanship of US supreme court judges contradictory to the separation of powers?

Being German I find it rather strange to witness the discussion in the US regarding placing Kavanaugh as the 9th judge in the supreme court. In the news it always sounds as if it is a matter of the ...
28
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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 ...
27
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5answers
8k views

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. ...
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 ...
26
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1answer
5k views

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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4answers
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Why do the supreme court justices have a life term period?

The justices of the Supreme Court of the United States is composed by chief justices which have a life-term period on that position after they are "elected". I have always asked to myself why some ...
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2answers
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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 ...
24
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2answers
6k views

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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5answers
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Given a 4-4 tie, how would the Supreme Court determine results for a contested election?

Consider a hypothetical scenario in which there are eight Supreme Court justices at the time election results are being determined (ie, Ruth Bader Ginsburg’s seat has not been filled and there is no ...
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4answers
7k views

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 ...
21
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3answers
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What happens if all of the Supreme Court seats are empty and the President fails to appoint anyone?

Let's say if all of the Supreme Court justices resigned and the seats are empty. Is the president required to appoint someone? What happens if he does nothing?
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3answers
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If a US Supreme Court justice dies between voting and releasing ruling, does their vote count?

My understanding is the Supreme Court normally releases their rulings in bursts around the same time instead of releasing them as soon as the opinions are ready. Consider a 5-4 ruling where a justice ...
20
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3answers
7k views

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, ...
20
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1answer
849 views

How applicable is the "Biden rule" to McConnell's arguments?

Mitch McConnell recently cited the "Biden rule" as justification for rejecting a SCOTUS nomination. What are the parallels between the current situation, and the situation when Biden made the cited ...
18
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4answers
5k views

Why doesn't a conservative majority SCOTUS repeal Roe v. Wade?

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 courts. Given that ...
18
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3answers
1k views

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 ...
18
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3answers
3k views

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 ...
17
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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?
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5answers
5k views

Why is it considered an accomplishment for a president to appoint a Supreme Court judge?

One of President Trump's accomplishments is that he will have appointed 2 and likely 3 Supreme Court judges during his current term. However, why is this considered an accomplishment at all? 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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4answers
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How can grand jury secrecy rules block release of Trump financial records?

This NY Times article discussing the Supreme Court ruling that Trump cannot block release of financial records clarifies that this "probably means the records will be shielded from public ...
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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2answers
4k views

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 ...
15
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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 ...
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 ...
14
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4answers
4k views

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 ...
14
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3answers
22k views

Can the Chief Justice be demoted to Associate Justice of the Supreme Court?

Let's suppose that, during a presidency, enough justices retire, making it possible for the president to appoint new justices which would give the Supreme Court a different ideological majority. ...
14
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2answers
2k views

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 ...
13
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3answers
1k views

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 ...
13
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1answer
3k views

Does the US Supreme Court vote using secret ballots?

I am interested in the mechanism by which the Supreme Court casts votes on a ruling. Do they do it by secret ballot? Or is it as simple as a show of hands? Does a Justice have the opportunity to ...
13
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4answers
2k views

What would happen if the SCOTUS were themselves to be part of a lawsuit?

Let us say that in the future the very institution of the SCOTUS is involved as a plaintiff or defendant in a case (maybe a land dispute on which the court stands or for whatever reason the SCOTUS and ...

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