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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2answers
604 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 ...
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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In Early September of 2017, DACA was rescinded by then-Acting Secretary of Homeland Security Elaine Duke via a Department Memorandum.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 ...
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1answer
461 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 ...
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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 ...
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1answer
161 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 ...
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1answer
256 views

Trump said he didn't "need" to call a national emergency. How does this affect (if it all) his court chances?

Trump declared a national emergency, then literally said the words I didn't need to do this. He further admitted that it's just a "faster way" to accomplish what he wants. How will this affect ...
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1answer
219 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 ...
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1answer
418 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 ...
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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 ...
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3answers
314 views

Instead of proposing a "dialogic process" for judicial review, why doesn't Mark Tushnet want to amend the Constitution as necessary? [closed]

In a recent Vox.com interview with Harvard legal scholar Mark Tushnet, Dr. Tushnet presented his ideas to journalist Sean Illing: Sean Illing How unusual is it for a liberal democratic system like ...
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160 views

Why does the current Polish government favor distancing from EU despite a rather low Euroscepticism and possible serious financial consequences?

According to Euronews, Poland’s constitutional court on Thursday ruled the country's laws had supremacy of those of the European Union. The article provides more context about the decision and a ...
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87 views

Are there parliamentary republics where Supreme Court appointments are decided exclusively by the Parliament and the government?

In Israel, many political figures on the right (among them outgoing Minister of Justice Ayelet Shaked and Zehut party leader and parliamentary hopeful Moshe Feiglin) say that "all over the world" ...
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What are Donald Trump's legal options if he loses the Presidential Election?

So assume sometime on the night of November 8th or maybe in the wee hours of the morning on the 9th, the media declares one Hillary Clinton the next president of the US. In response Donald Trump does ...
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3answers
754 views

Do originalist U.S. Supreme Court justices tend to be politically right-leaning?

Is there significant overlap between originalism and political conservatism?
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2k views

Why is the Supreme Court not balanced in terms of their political views?

Wikipedia says: Article III of the United States Constitution leaves it to Congress to fix the number of justices. The Judiciary Act of 1789 called for the appointment of six justices, and as ...
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2answers
227 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.
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1answer
167 views

What effect will the Supreme Court's decision in McGirt v. Oklahoma have on local, State and Federal representation?

In McGirt v. Oklahoma, the Supreme Court has decided that a large section of Oklahoma is part of the Muscogee reservation. Now, the vast majority of the reservation's residents are not tribal members....
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1answer
469 views

Can a President nominate a US Supreme Court Justice in anticipation of a sitting Justice's demise?

Say a Justice is barely hanging on to her life. Can a president nominate and the Senate confirm a Justice in anticipation of their death? Do they have to wait until the person dies? Can't it be a ...
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4answers
588 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 ...
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1answer
137 views

What did Ted Kennedy mean when he referred to "the muck of Irangate" and "the muck of Watergate"?

After Robert Bork's nomination as a Supreme Court justice, Sen. Ted Kennedy took the floor and declared: Robert Bork's America is a land in which women would be forced into back-alley abortions, ...
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3answers
209 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 ...
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1answer
173 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 ...
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318 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 ...
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1answer
205 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 ...
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1answer
395 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? ...
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1answer
317 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 ...
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50 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 ...
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132 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 ...
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172 views

Arrest a Chief Justice of the U.S. Supreme Court? [closed]

Does a President have the delegated constitutional power to arrest a chief justice of the USA? President Abraham Lincoln did, but was persuaded not to issue his warrant by his cabinet members... Was ...
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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 ...
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1answer
1k views

When was the last time a Democrat Senator voted differently from other Democrats?

In regards to the recent SCOTUS vacancy due to the loss of Judge Ruth Bader Ginsburg, I see countless articles stating things like (paraphrasing) "These 6 GOP senators are most likely to vote ...
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1answer
206 views

What are the ramifications of reducing the number of Supreme Court seats to 8?

The ongoing partisan positioning over the seat opened by Justice Scalia's passing is interesting. What if instead of addressing President Obama's nomination, the Congress puts forth the a new act to ...
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2answers
403 views

The Supreme Court and Ethics

I have heard talk of creating a code of ethics for the supreme court. Does this mean that no such thing currently exists? What happens if a Supreme Court justice does things that are unethical? Is ...
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1answer
257 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 ...
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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 ...
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1answer
267 views

How would election results end up in Supreme Court? [closed]

For the sake of argument, let's say that the election results are in, and Biden won the popular vote and the Electoral vote. Assuming that the new Supreme Court judge confirmed by the Senate will ...
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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 ...
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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... ...
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1answer
283 views

US Chief Justice Roberts' choices of "in conformity with" and "in conformance with" during the swearing in at the Senate

US Supreme Court Chief Justice John Roberts used both the phrases in conformity with and in conformance with within the same minute during a swearing-in process in the senate. This can be heard in CNN’...
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85 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 ...
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102 views

Could Ted Cruz (or another sitting senator) be appointed to be a SCOTUS justice? [duplicate]

Donald Trump made a list of possible US Supreme Court appointments if a vacancy shows up while he's in office. Two of these intrigued me: Tom Cotton and Ted Cruz. I know this might not matter in ...
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52 views

Griswold v. Connecticut and the selling of contraceptives

During his confirmation hearing (video, at minute 10:20), Robert Bork talked about a case called Griswold, which eventually ended up in the Supreme Court. The Connectcut law apparently "prohibited ...
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73 views

Could the Queen refuse to proroge parliament if it would be unlawful? [duplicate]

This question is closely related to Can the Queen refuse to suspend the Parliament? but based on the new situation given the Supreme Court ruling. Suppose the Prime Minister asked the Queen to ...
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6answers
238 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 ...
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4answers
1k views

Can Parliament be compelled to let the UK leave the EU on October 31st?

Citizens cannot take Parliament to court to force it to hold a General Election, even when they believe that Parliament to have lost legitimacy. Can Parliament be compelled by the courts to not ...
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2answers
365 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 ...
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3answers
578 views

If a US supreme court nominee is selected by political opportunism, does the nominee ignoring that demonstrate insufficient ethics for the job?

US Supreme Court justices are procedurally nominated by one politician (US president) and then interviewed, vetted and ultimately approved or rejected by about one hundred other politicians (US Senate ...
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237 views

What legislative action could Congress possibly pursue against the Supreme Court?

In the recent Supreme Court case New York State Rifle and Pistol Association INC v. City of New York, an amicus curiae was filed by 5 Democrat US Senators basically threatening to pursue legislative ...
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1answer
117 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 ...