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
12
votes
1answer
1k views

Supreme Court cases that were harbingers of New Federalism

Between the mid-1930s and late 1980s/mid-1990s the Supreme Court didn't invalidate any acts by Congress during the era of New Deal Federalism, but under the Rehnquist Court a revival of Federalism ...
9
votes
4answers
1k views

If Kavanaugh is confirmed, can he still be removed later?

Let's say that Kavanaugh is confirmed by the Senate. Then after that the FBI (or relevant police authority) decide there is enough evidence to investigate sexual assault claims against him and ...
28
votes
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 ...
9
votes
1answer
352 views

What kind of documents are being requested in the Brett Kavanaugh confirmation hearing?

In the (currently on-going) Brett Kavanaugh confirmation hearing there is some disagreement about which documents should be released; this answer gives a good overview of the situation. Quoting from ...
2
votes
0answers
77 views

Period evidence to refute the decision of Baron V Baltimore

In 1833, the decision of Baron v Baltimore established the concept that the Bill of Rights were not applicable to the States. Is there evidence from the ratification debates or debate conventions ...
3
votes
1answer
4k views

Abstaining from Senate vote on Supreme Court nominee

What would be the effect of an abstention vote by four US senators on a question of whether to confirm a Supreme Court nominee, if the result were that there were only 49 votes in favor of confirming ...
0
votes
2answers
499 views

Do political ties in any way disqualify a supreme court nominee?

I'm guessing the answer is nothing out of the ordinary, because I've heard talk of former governors being proposed as supreme court justices, but I've found some of the things I've heard on Brett ...
31
votes
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 ...
25
votes
2answers
5k views

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 ...
3
votes
1answer
415 views

Hostile answers during US Supreme Court Senate confirmation hearings

My question is: Does it help or hinder to answer questions with hostility during United States Supreme Court Senate confirmation hearings? There are many examples in real life where a senate asks ...
3
votes
2answers
1k views

How often do Supreme Court decisions hinge upon the split between progressive and conservative judges?

How many decisions of the Supreme Court end up in a tight spot between judges considered to be "progressive" and those considered to be "conservative"? I know that 5-4 decisions are rare in the first ...
2
votes
4answers
584 views

Is it known who replaces whom on SCOTUS if there are two vacancies?

Speculation is that Clarence Thomas may also retire while Republicans hold the Presidency, presumably to ensure his replacement is a Republican-appointed Judge. Let's assume that happens soon, and ...
1
vote
1answer
253 views

Junior Justice's Tenure on the US Supreme Court

The junior Justice, defined as the newest member to the ranks of Associates, on the USSC is required by tradition to perform menial tasks like open the door during conference sessions and serve on the ...
3
votes
3answers
1k views

Why did the Supreme Court consider the Obamacare Medicaid expansion coercion?

As part of Obamacare's efforts to expand access to healthcare, it included an expansion of Medicaid. Medicaid is a program that receives some federal funding, but it's administered by the individual ...
18
votes
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 ...
4
votes
1answer
1k views

How did Wickard v. Filburn affect future Supreme Court decisions?

In 1942, the Supreme Court ruled in Wickard v. Filburn that the Commerce Clause gives the United States federal government authority to regulate wheat production, even if that production is for ...
2
votes
1answer
313 views

Supreme Court alternates as tie prevention measure

Sometimes when a Supreme Court Justice is out sick, or there's only an even number of Justices currently appointed, the Court makes a tie decision, (which may result in accepting a lower court's ...
13
votes
2answers
2k views

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 ...
5
votes
3answers
484 views

Supreme court case for disqualifying from rights

In a discussion I had recently about gun rights, someone brought up a United States Supreme Court case in which it was determined that an individual could become disqualified from particular rights. ...
6
votes
3answers
608 views

Why is the efficiency gap (to measure Gerrymandering) higher when the voter repartition is perfectly uniform?

The efficiency gap, as explained in Stephanopoulos and McGhee (2015), measures Gerrymandering using the notion of wasted votes (see a quick overview at How the Efficiency Gap Works (PDF)). This ...
4
votes
1answer
224 views

What political influences contributed to the Supreme Court's decision to overrule precedent in Afroyim v Rusk?

In Afroyim v Rusk the court ruled that US citizens may not be deprived of their citizenship involuntarily. A previous precedent (Perez v. Brownell) had made the possibility of possessing dual ...
21
votes
3answers
6k views

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?
8
votes
3answers
798 views

Equal rights for Lesbian or Gay couples without "redefining" marriage

What is the mindset of the people who support equal civil rights for homosexuals but disagree with Obergefell v. Hodges because it redefines the word "marriage", which they believe is a sacred thing ...
20
votes
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 ...
8
votes
1answer
346 views

Could a President withdraw nominated Supreme Court judge before confirmation by the senate?

Can a president withdraw a candidate for the Supreme Court before he or she is confirmed by the senate. For instance, could Donald Trump (in theory) withdraw his support and nomination of Neil Gorsuch ...
30
votes
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 ...
1
vote
1answer
104 views

Regarding critics towards the New Deal

I am a Danish student writing a paper on the Great Depression, and the political initiatives after the crash focusing on the New Deal. But I've had a problem finding sources of prominent people (With ...
3
votes
1answer
450 views

When would a new US Supreme Court justice start work?

Let's say a new US Supreme Court Justice is confirmed in March. I have a few questions? At what point do they actually start hearing cases? Which cases would that person hear? Is it only cases that ...
5
votes
1answer
408 views

Has SCOTUS ever ruled explicitly based on "The Constitution is not a suicide pact" rationale?

Since there's a current HNQ Q&A on the site discussing "state of emergency", I remembered a piece in Tom Clancy's novel "Executive Orders", where the characters discuss validity of certain ...
1
vote
2answers
138 views

The causality of some political situations, and meaning in text

I'm reading the Economist and since I really don't know much about the American politics I got confused for the following statement: ...(Gorsuch) has been solicitous of religious corporations and ...
-1
votes
1answer
179 views

What did US Supreme Court nominee Neil Gorsuch study as an undergraduate at Columbia University? [closed]

Wikipedia restates Gorsuch graduated from the Georgetown Preparatory School and received a B.A. from Columbia University. He earned his J.D. from Harvard Law School and D.Phil. in Jurisprudence ...
3
votes
3answers
3k views

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)? ...
2
votes
1answer
389 views

Which modern President had the worst win rate at the Supreme Court?

Pretty simple question actually. I'm just wondering which President was the most overturned statistically at the Supreme Court since FDR? So what do I mean when I say a President is overturned? ...
2
votes
1answer
315 views

Has a US President ever nominated a sibling to the federal courts or the Supreme Court?

Judge Maryanne Trump Barry presides on the 4th federal circuit Court of Appeals, and certainly has all the traditional requirements for appointment to the SCOTUS, except perhaps one--she's 79 years ...
5
votes
1answer
122 views

Has Kitchen v Herbert Gone Into Effect?

In the absence of a stay from SCOTUS, the Tenth Circuit's ruling in Kitchen v Herbert was set to go into effect at 10:00 am EST today. It is 13:02 EST, and, as yet, I haven't seen any news report on ...
1
vote
2answers
221 views

If Supreme Court rules against Proposition 8 in CA, will that affect any other states?

Tehnically, US Supreme Court would be ruling merely on whether California's Proposition 8 (marriage is only recognized between men and women) is constitutional. Many other states have laws etc... ...
-1
votes
1answer
560 views

What incentive would the House or Senate have to ever adjourn if NRLB v. Canning is upheld?

So, NRLB v. Canning is on the docket, and it raises an interesting question. If the President has the power of recess appointments, but the Senate never adjourns, it effectively kills that power. The ...
5
votes
1answer
907 views

What are the key differences between the Stolen Valor Act of 2005 and the Stolen Valor Act of 2013?

I read that there were supreme court decisions overturning stolen valor convictions based on the first amendment after the 2005 act became law. Is there a significant difference in the 2013 act ...
5
votes
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 ...
14
votes
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 ...
4
votes
1answer
678 views

What legal means does a USA President have to overturn a Supreme Court ruling?

It has been talked about much lately that the likely President elect of the United States (at the time of this writing) has expressed the desire to overturn certain Supreme Court of the United States (...
0
votes
1answer
211 views

Contesting the Race: Would the U.S. Supreme Court Intervene?

After reading commentary on the implausibility of rendering a U.S. presidential election void (and the post, Is it possible to rig the American presidential elections?), I have a question. Considering ...
0
votes
1answer
188 views

Supreme Court Nominations

If the GOP loses the Senate majority in this upcoming election, will they still have enough power to block Supreme Court Justice nominee?
18
votes
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 ...
12
votes
2answers
645 views

Has a US Supreme Court Justice ever drafted a bill and submitted it to Congress?

Argentina's Constitution was heavily inspired by the US Constitution. Recently, the biggest piece of Argentine legislation passed in decades was authored by the members of Argentina's Supreme Court, ...
4
votes
2answers
92 views

How can I find information about bills that politicians are trying to pass in Canada?

Context: I don't participate in social media (besides SE) and was never educated about politics as a child; as such, there is a lot I don't understand. It seems I'm only able to know what's going on ...
-1
votes
1answer
278 views

In cases such as Tinker v. Des Moines, what did the plaintiffs sue the government for?

I was reading about the Tinker v. Des Moines Independent Community School District case, and noticed that it (as do many cases) began with a lawsuit, with the Tinker family suing the government. ...
7
votes
1answer
4k views

Buckley v. Valeo / Citizens United

What is the difference in 1) background and 2) implications of the supreme Court cases Buckley v. Valeo and Citizens United v. FEC? The sources I've read make them sound pretty similar, but obviously ...
4
votes
1answer
688 views

US Courts of Appeals - What are the roles of the Circuit Justices?

I was reading the Wikipedia page for the U.S. Court of Appeals for the Second Circuit when I noticed that a "Circuit Justice" (in this case, Ruth Bader Ginsburg) was mentioned. I then found the page ...
10
votes
1answer
602 views

What are the bottlenecks in the US Supreme Court appointment process?

Here are the steps as I understand them and then questions to which I have not found answers. Process The President nominates a candidate for the Supreme Court. A subset of the Senate (called the ...