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64 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'...
William Walker III's user avatar
64 votes
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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 ...
divibisan's user avatar
  • 26k
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 ...
Joe C's user avatar
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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 ...
William Walker III's user avatar
42 votes
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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 ...
AuronTLG's user avatar
  • 6,079
38 votes
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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: ...
Nelson O's user avatar
  • 1,852
35 votes
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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 ...
James K's user avatar
  • 122k
32 votes
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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 (...
James's user avatar
  • 1,345
31 votes
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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 ...
Denis de Bernardy's user avatar
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 ...
Jimmy M.'s user avatar
  • 1,662
30 votes
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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 ...
Jan's user avatar
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29 votes
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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 ...
sumelic's user avatar
  • 1,478
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 ...
Rick Smith's user avatar
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 ...
Magnus Jørgensen's user avatar
25 votes
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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 ...
o.m.'s user avatar
  • 112k
24 votes
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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 ...
Panda's user avatar
  • 46.7k
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's user avatar
  • 108k
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 ...
Cyrus's user avatar
  • 1,902
22 votes
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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 ...
IllusiveBrian's user avatar
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 ...
James K's user avatar
  • 122k
22 votes
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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's user avatar
  • 108k
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.) ...
reirab's user avatar
  • 8,299
21 votes
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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 "...
wrod's user avatar
  • 9,589
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,...
theresawalrus's user avatar
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 ...
zibadawa timmy's user avatar
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.) ...
phoog's user avatar
  • 18.1k
17 votes
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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's user avatar
  • 108k
17 votes

Why do you need to get court records transcribed to find out what was said?

Because courtrooms are not theatres or sound-stages. Sound recordings are a partial mechanisation of the stenographer/court reporter, where a person who is present in the milieu of the court takes ...
Steve's user avatar
  • 7,134

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