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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21
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3answers
3k views

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 ...
9
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1answer
343 views

Is the US Attorney General expected to defend policies his party opposes in the Supreme Court?

I've been led to believe that the Attorney General is the US government's lawyer in the Supreme Court. On the other hand a lot of federal policies are going to be inherited from a previous ...
5
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1answer
265 views

Does preserving Court Precedent mean respecting both reasoning and results?

This week, the U.S. Supreme Court recently heard oral argument in the ABC vs Aereo case, concerning whether a company can broad TV signals to customers over the internet without paying licensing fees. ...
12
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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 ...
3
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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 ...
5
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1answer
171 views

Why was Justice Marc Nadon's Appointment Challenged

I'm aware of the challenge to the validity of Justice Marc Nadon's appointment to the Supreme Court of Canada, but I've been unable to find out what the grounds for that challenge are. Does anyone ...
-1
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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 ...
-1
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2answers
1k views

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)?
7
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2answers
679 views

Why has the Supreme Court of the United States not used its power of judicial review to audit constitutionally-questionable laws like the Patriot Act?

I've heard it said that it is very difficult for some terrorism-related laws like the Patriot Act or laws that allow warrantless dragnet surveillance of citizens to be fully challenged in the courts ...
0
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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 ...
3
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2answers
418 views

What is considered due process of law in the 5th amendment in the US Constitution?

I was reading about the SCOTUS decision on DOMA, and it said that they invoked the 5th amendment, which states: nor be deprived of life, liberty, or property, without due process of law. I would ...
5
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1answer
350 views

Does SCOTUS have jurisdiction over all federal cases, or must it go through "normal channels?"

In the United States, what are the required steps before the Supreme Court can hear a case? Obviously, we are assuming the court would have jurisdiction (e.g., it would need to be a federal - not a ...
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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... ...
6
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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 ...
26
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4answers
79k views

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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