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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6
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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?
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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 ...
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Is it possible for two laws with identical effects but different wording to have differing values of constitutionality?

During the ACA fight there was considerable discussion of whether the penalty for not carrying personal health insurance was a tax or a fine. The concepts have identical effects; only the wording is ...
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353 views

Is Judge Roberts committed to the status quo against partisanship?

I was surprised to see some commentary in this answer and its comments indicating that Supreme Court Justice John Roberts is committed to maintaining status quo jurisprudence against substantial ...
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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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1answer
532 views

Have Democrats said a late-presidential-term Supreme Court Justice appointment will be subsequently neutralized?

It has been anticipated that there may need to be a replacement justice during the late part of president Trump's term, as there was during Obama's. The Democratic president Obama nominated a ...
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1answer
908 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 ...
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409 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 ...
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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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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, ...
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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?
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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 ...
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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. ...
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538 views

Does the US Supreme Court have the authority to rule on impeachment matters?

In the ongoing impeachment inquiry into President Trump, the Trump administration has recently taken the stance that apparently they view the inquiry as invalid in some way, and are refusing to ...
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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 ...
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137 views

Provisional Ballots in Ohio and the Larry Harmon case

The US Supreme court is hearing arguments over the state rights to purge voter rolls. The case arises from an Ohio voter (Larry Harmon) who was purged from the voter rolls. My first question is a ...
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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. ...
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441 views

Will the creation of a Washington DC state be unconstitutional?

If the House of Representatives and the US Senate ever pass a bill duly signed by the President creating a new state out of Washington DC can it be held as unconstitutional as it is required by the US ...
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2answers
471 views

Why can't the Republican party force a vote on the nomination of Brett Kavanaugh?

In the related question What do Democrats have to gain, politically, by preventing Brett Kavanaugh's appointment to the Supreme Court? various aspects of how the Democrats benefit from delaying the ...
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289 views

Conservatism and Executive Power

The Economist cites the philosopher and political theorist Michael Oakeshott to describe conservatism as "To be conservative... is to prefer the familiar to the unknown, to prefer the tried to the ...
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1answer
1k views

Is there a minimum requirement to how long a justice is expected to serve on the supreme court?

Beyond human lifespan there is no maximum time a justice may serve, but is there a minimum requirement that a justice is required to serve?
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How were unconstitutional laws invalidated before Marbury v Madison?

Background In the United States, one of the lasting conclusions of Marbury V. Madison was the establishment of judicial review, that is, the ability of the courts to strike down a law as ...
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3k views

What were the previous 6 FBI investigations of Brett Kavanaugh?

Donald Trump tweeted: Just started, tonight, our 7th FBI investigation of Judge Brett Kavanaugh. He will someday be recognized as a truly great Justice of The United States Supreme Court! What ...
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1answer
145 views

How can states sue someone in a lower court?

Article III, section 2, clause 2 of the Constitution says In all Cases...in which a State shall be Party, the supreme Court shall have original Jurisdiction. I would interpret this as meaning that ...
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689 views

Can John Roberts rule on whether witnesses have to testify in the impeachment inquiry?

It was ruled today that Don McGahn, the former White House counsel, needs to testify in the impeachment inquiry. Like most things, I am guessing that this will probably be appealed, and could end up ...
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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 ...
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Can a lame duck Senate confirm a SCOTUS nominee?

Given that a number of reasons for delaying a vote on the confirmation of Judge Kavanaugh to the Supreme Court have come up, it may happen that they will not be resolved until after the mid-term ...
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958 views

Occurrences when a supreme court nominee (or potential nominee) was rejected by election timing

When Barack Obama was president the Republican majority refused to vote on the appointment of Merrick Garland because of the close upcoming presidential election. This seems to have been coined as the ...
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689 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 ...
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524 views

Why don't Democrats encourage Christine Blasey Ford to file a criminal complaint against Kavanaugh in Maryland to trigger a local investigation? [closed]

This analysis indicates that a complaint should trigger an investigation in this case. In particular, there's good reason to believe there is no statute of limitations in effect: Maryland’s former ...
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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 ...
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533 views

What are the President's responsibilities in executing judicial order?

In this interview with NewsMax, Republican presidential candidate Ben Carson was asked what he would do to preserve traditional marriage if the Supreme Court were to recognize marriage equality ...
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671 views

Why weren't allegations based on Judge Kavanaugh's 1983 yearbook, raised during his nomination in 2006 to the DC Circuit?

I refer only to the allegations based on the Hon. Judge Kavanaugh's 1983 yearbook from Georgetown Preparatory School (like 'Renate Alumnus', and alcoholic consumption slang), and not those that were ...
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681 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 (...
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390 views

Will social conservative voters still "need" Trump if his Court appointment succeeds?

I see a lot of commentary to the effect that for many conservative U.S. voters, a major reason they supported Trump was because they foresaw, correctly, that his term would see the appointment of ...
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524 views

What scope does Title I Fisa have as it pertains to other US citizens not explicitly targeted by the warrant?

Suppose that the FBI obtains a Title I FISA warrant on a John Doe. That is they argue successfully before a FISA judge that there is probable cause to believe that John Doe is a foreign agent. This ...
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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 ...
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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 ...
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Was the U.S. IRS instructed to give Congress Donald Trump's tax records; if so, have they?

With the recent ruling by the Supreme Court letting Manhattan prosecutor pursue Donald Trump's financial records, it rejected President Trump’s bold claims of immunity from local law enforcement and ...
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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)? ...
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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 ...
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479 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 ...
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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 ...
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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 ...
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3k views

What is the minimum number of justices for the SCOTUS?

This question is similar but different to https://politics.stackexchange.com/questions/10978/can-the-senate-postpone-confirming-a-new-supreme-court-judge-virtually-indefinit. The Republican-led ...
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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 ...
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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 ...
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1k views

How do Chief Justices of the Supreme Court get replaced?

I'm wondering how do Chief Justices of the United States get replaced? According to wikipedia, the last Chief Justice, Judge William Rehnquist was initially an Associate Justice. President Reagan ...
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596 views

What criteria is used for a Supreme Court nomination while in Senate Judiciary Committee?

I have a policies and procedures question. I've been watching Brett Kavanaugh's confirmation hearing with the Senate Judiciary Committee on television. I'm having a hard time finding reading on the ...
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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 ...