64
votes
Accepted
Why are legal decisions in the US so politicized?
There are 2 separate issues in your question, and I'll address them separately.
First: why do people comment on legal cases outside a discussion of the law?
Because law and justice are related, but ...
- 25.9k
63
votes
Why are legal decisions in the US so politicized?
When you study law and policy, you lose the illusion that there is some apolitical, impartial "Law" that brings about justice - let alone that such a thing exists inside courtrooms. If you'...
- 16.4k
47
votes
Why is changing the size of the Supreme Court considered dangerous today, when it has been done in the past?
The reason for the first three increases in the size of the Supreme Court was related to the size of the country's boundaries growing.
The decrease in 1866 was, reportedly, more an attempt by the ...
- 27.8k
42
votes
Why is avoidance of judicial review of the Texas abortion law and other future US state laws so concerning to the US department of justice?
In WWH v. Jackson the Court majority concludes that the Texas law is de facto immune to the power of judicial review, for entirely procedural reasons.
They argue that the Court's power of injunction ...
- 16.4k
42
votes
Accepted
How does Germany regularly elect judges onto Federal Constitutional Court despite needing two-thirds majority vote?
TLDR: Without political polarization and passionate public disagreements on court rulings, the German People do not really care about how judges are appointed, which enables the political parties to ...
- 6,079
38
votes
Accepted
Is the number of federal judges appointed by Trump unusual?
The other answers indicate that Trump has appointed an unusually large number of judges, but they don't quite get to how Trump was able to nominate so many more judges than previous presidents.
Vox: ...
- 1,852
35
votes
Accepted
How was this person considered for a pardon in Iceland?
The law in Iceland dates from the 1940s, and is modelled on Danish laws of the period.
Pre-1940, an adult convicted of a serious crime (one which is "outrageous to public opinion" and leads to a ...
- 115k
32
votes
Accepted
What jurisdiction do Scottish courts have over the Westminster parliament?
The United Kingdom has 3 legal jurisdictions: England and Wales, Northern Ireland, and Scotland.
Citizens are entitled to bring cases in their own jurisdiction, or any other by mutual agreement (...
- 1,345
31
votes
Accepted
How does the judicial independence in Poland after the reforms compare to other EU countries?
There's a key difference:
In the Czech Republic, judges are appointed for life and cannot be revoked. Once appointed they can go rabid against the Executive and Legislative branches of government if ...
- 30.5k
31
votes
Why is Grand Jury testimony secret?
Federal grand jury testimony is kept secret due to grand juries operating under far less strict legal standards and proceedings than a typical jury trial, as their primary duty is not to convict an ...
- 1,662
30
votes
Accepted
Is there anything judicial that can prevent Trump from taking part in the 2024 elections?
As of writing this, Donald J. Trump has been elected President of the United States once and has served a total of four years. He has not held the office as President or Acting President after another ...
- 13.1k
29
votes
Accepted
How could the US Congress reduce the size of the US Supreme Court?
The size of the Supreme Court can be changed by passing a law
The size of the Supreme Court is set by statute: Title 28 § 1 of the United States Code. Under the necessary and proper clause, Congress ...
- 957
28
votes
What does it mean that North Carolina's maps were thrown out but new ones weren't ordered drawn?
What does it mean that North Carolina's maps were thrown out but new ones weren't ordered drawn?
It means that until the legislature redraws the Congressional districts to satisfy the court's ...
- 34.2k
25
votes
Is the number of federal judges appointed by Trump unusual?
Yes it is unusual. Per this Vox article Trump has appointed 48 courts of appeal judges. Here is a comparison with other recent presidents at a similar point in their presidencies and their total ...
- 2,717
25
votes
Accepted
Why is there no mechanism for disciplining judges whose decisions get overturned because they make errors of law?
Many people agree that it benefits society if the judiciary is independent from pressure by the executive or by public opinion. Implementations of this principle differ, but commonly it involves the ...
- 106k
24
votes
Accepted
Who does the "Crown prosecutor of Russia" refer to?
Basically, this article by The Atlantic explains that Rob Goldstone likely mixed up the titles. Crown Prosecutor is a title commonly used in Commonwealth realms, that refers to a prosecutor that works ...
- 46.5k
24
votes
Why do you need to get court records transcribed to find out what was said?
The reason given by the government for not providing victims, or indeed the public at large, with audio/visual recordings of court proceedings, is that the knowledge that their actions in court will ...
CDJB♦
- 105k
23
votes
Why were 2745 judges dismissed in Turkey?
From the sheer size of that list, it wasn't drawn up from scratch in response to the attempted coup but long before. It's impossible to say if all of them have ties to political opponents of Erdogan ...
- 1,912
22
votes
Accepted
In American Politics, why is the Justice Department under the President?
I've heard a DA can choose to prosecute or not to prosecute people for virtually any reasons.
The concept is called prosecutorial discretion. It is the authority of the district attorney for each ...
- 6,570
22
votes
Is there anything judicial that can prevent Trump from taking part in the 2024 elections?
Perhaps surprisingly there is no bar on felons running for President, several have (though none have won). It seems likely that even an incarcerated person can be elected President. However there is ...
- 115k
22
votes
Accepted
What arguments have been made to support the Texas abortion law's private enforcement provisions, beyond evading review?
I haven't come across supporters of the bill disclaiming the charge that the private enforcement clause is intended to evade immediate judicial review - the sponsor of the bill, Senator Bryan Hughes, ...
CDJB♦
- 105k
22
votes
Why are legal decisions in the US so politicized?
The vast majority of U.S. court decisions aren't politicized, just as is the case in most countries (or at least most countries that don't use criminal law as a tool to suppress political dissidents.)
...
- 8,240
21
votes
Accepted
Does US Supreme Court Chief Justice John Roberts have recusal power over another Justice if they don't do it themself? (e.g. Clarence Thomas)
No.
Recusal as such is an action a judge can only apply to themselves. There may be rules, or requests made by others, recommending or demanding their recusal. But the very meaning of the word "...
- 7,868
20
votes
Why is avoidance of judicial review of the Texas abortion law and other future US state laws so concerning to the US department of justice?
Question: Why is avoidance of judicial review of the Texas abortion law and in the future to other US state laws so concerning to the US department of justice? What is the nature of this "greater,...
- 1,673
19
votes
Why is there no mechanism for disciplining judges whose decisions get overturned because they make errors of law?
The assumptions of your question are wrong: we do have such mechanisms. All judges can be removed from the bench in some fashion or another, depending on the exact situation. Federal judges can be ...
- 16.5k
17
votes
What jurisdiction do Scottish courts have over the Westminster parliament?
The Westminster parliament is the parliament of the United Kingdom. Scotland is part of the United Kingdom. (The parliament of Scotland has authority over certain "devolved" matters only.)
...
- 17.3k
17
votes
Accepted
In what way(s) was US Judge Royce Lamberth a "pain in the butt" to the Clinton Administration?
Judge Lamberth presided over quite a number of cases involving the Clinton administration, and often ruled against it - leading a presidential aide to call Lamberth a "loose cannon", and ...
CDJB♦
- 105k
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