Questions tagged [us-supreme-court]

For questions related to the Supreme Court of the United States of America.

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1answer
92 views

Why was the Supreme Court of the United States set up to only hear cases en banc?

From the very beginning of the US Supreme Court, we've required a quorum of Justices to be present to hear a case. Unfortunately, seeing as we set up a co-equal judiciary rather than the parliamentary ...
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1answer
190 views

Compensation for gays charged under sodomy laws after Lawrence v Texas

I’m not an American or legally trained, but I’m wondering if there has ever been any compensation awarded to homosexuals fined under sodomy laws, after those laws were found to be unconstitutional. My ...
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41 views

Could the US Senate confirm a new supreme court justice during the lame-duck period?

The Republicans are currently trying to confirm their candidate for the Supreme Court before the election. Today it was announced that the senate will be on break for a few days due to several corona ...
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1answer
141 views

Has there been any case on which all justices of the US Supreme Court disagreed?

For cases decided by the US Supreme Court, one justice is tasked with writing the majority opinion, and if there is not unanimous support for the decision, then another justice is tasked with writing ...
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1answer
98 views

If Google wins Google v. Oracle America then would creating API compatible software clones be legal?

As of this writing, the Google v. Oracle America case over some of the Java APIs is set for argument on Wednesday, October 7, 2020 in the US Supreme court. If Google wins the case will that mean that ...
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2answers
123 views

Can an American sue their own state directly in the federal Supreme Court?

According to Article III, Section 2 of the constitution, The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties ...
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5answers
10k views

Will SCOTUS be forced to rule on birthright citizenship soon?

John C. Eastman, professor of law, Chapman University, wrote this in Newsweek a few days ago: Indeed, the Supreme Court has never held that anyone born on U.S. soil, no matter the circumstances of ...
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28 views

What does it mean to be “in the United States” in the context of “reform” of data privacy?

I had a question regarding data privacy reform and how it would interact with the phrase “in the United States.” The specific issue is the question of physical storage and accessibility of the data. ...
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1answer
81 views

What happens to businesses, properties, entire towns and counties after the US Supreme Court ruling on Tribal Lands?

A recent ruling by the Supreme Court basically just said that half of the State is Tribal Lands. Tribal Lands are not taxable from what I researched.There are entire towns, counties, homes, businesses ...
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60 views

SCOTUS Cases Concerning Men's Healthcare

As it says in the title, I am wondering if there have been any SCOTUS (or lower courts, if none at that level) cases concerning men's healthcare in the same way that cases like Roe v. Wade and the ...
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1answer
62 views

Will the supreme court ruling in favour of LGBTQIA+ protection from discrimination have effect on the 2018 ruling in favour of the bakery in Colorado?

There have been numerous debates about whether religion justifies a reason for refusing to provide service to a group of individuals, but last week, the Supreme Court of the United States upheld in a ...
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1answer
53 views

Assuming Oracle wins Google v. Oracle America, then would Google have to pay fewer damages if they dropped support for the contested APIs?

As of this writing, the Google v. Oracle America case is yet to be heard by the Supreme Court. Assuming that Oracle wins the case, if Google was to drop support for the contested APIs on the Android ...
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1answer
67 views

How to refer to Supreme Court cases by just one name

I'm writing a paper for my high school U.S. History class, and I want to refer to certain Supreme Court cases by just one name after my first naming of the case (for example, I want to refer to Rucho ...
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1answer
142 views

What does COVID-19 have to do with Live Audio at SCOTUS

The US Supreme Court will be hearing oral arguments during Corona virus pandemic over teleconference. This is to comply with social distancing and prevent the spread of the disease. But why are they ...
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1answer
114 views

Does Justice Roberts Obamacare opinion contradict itself?

Chief Justice Roberts' opinion in National Federation of Independent Business v. Sebelius upheld the ACA individual mandate as a tax. Disagreeing with the joint dissenters (Alito, Thomas, Kennedy, and ...
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48 views

Under McCulloh vs Maryland can the Feds do anything?

Under McCulloh vs Maryland (The Bank of United States case) which held that the supremacy clause precludes state taxation of Federal functions; can States and localities enforce traffic rules against ...
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1answer
77 views

Is “I know it when I see it” an “exception that proves the rule”?

US Supreme Court Justice William T. Goldberg is quoted in Wikipedia's I know it when I see it as follows: The expression became one of the best-known phrases in the history of the Supreme Court. ...
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42 views

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)?

Drivers licenses:What States is it UnConstitutional to use fees to suspend DL's (beyond VA, TN)? 2018-12 VA lawmakers vote to eliminate driver's license suspensions over fees www.whsv.com/content/...
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1answer
99 views

Has the United States Supreme Court ever heard an appeal directly from a state court of first instance?

I was inspired to ask this question after noticing that Robinson v. California was an appeal from a state appellate court directly to the Supreme Court. Thus the Supreme Court “skipped over” the ...
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2answers
69 views

Is there a legal path for overturning Nixon vs US (not to be confused with US v Nixon)?

Nixon v US established that impeachment is not justiciable. However, this provides a path for it to become a carte blanche unrestrained power of Congress. This is a far cry from its intended aim of ...
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0answers
67 views

Has the SC ever overturned a decision twice?

The nation's high court has overturned 236 rulings in its history, some of which marked sea changes in American society and rule of law. Well, has it ever overturned a decision which itself ...
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1answer
543 views

What Supreme Court cases, other than Nixon v. United States, have directly applied or interpreted U.S. Const. Art. I, Section 3, Clause 6?

Background Impeachment in the United States is mostly handled by the legislative branch alone. Hence the Courts have not typically applied restrictions or said much about impeachment other than Nixon ...
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1answer
773 views

If Marbury v Madison was overturned, would this eliminate Judicial Review in the United States?

Background Marbury V. Madison established the practice of Judicial review in the United States, though the principle existed before the case. This gave the Supreme Court power to invalidate laws, or ...
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1answer
48 views

What is the functional effect of overturning precedent?

Background On occasion, the Supreme Court overturns precedents in part or in whole. This means that a previous ruling (or part of a ruling) from the supreme court that once had stare decesis no ...
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1answer
978 views

Are there any Supreme Court cases that have directly issued rulings citing the 25th amendment?

Background Amendments to the U.S. constitution have been cited in rulings of Supreme Court cases, the 14th amendment is a notorious one and the 2nd amendment is another good example. I have been ...
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2answers
2k views

Can US Supreme Court justices / judges be “rotated” out against their will?

In last night's US Presidential Debate, candidate and US Senator Bernie Sanders asserted the option of being able to "rotate" Supreme Court judges / justices to other courts. As quoted in The Hill: ...
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68 views

How to find audio of US Supreme Court oral arguments?

The newer audio (starting with 2010) are available on the Supreme Court's website. Older arguments are available at www.oyez.org. Oyez page shows the written transcript of the oral arguments as well ...
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2answers
69 views

System of Checks and Balances: Judicial Overreach?

Israel has no formal constitution. Instead, it has a series of "foundational laws" that can only be changed by a supermajority and serve as a de facto constitution. In 1992, the Israeli Supreme Court ...
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1answer
112 views

What does Justice Anthony Kennedy mean by 'you're recused'?

I refer to 71:31. 71:31 And Hugo Black stands up and stalks out 71:34 of the room, which is our polite way of saying, you're recused. 71:38 And so, the argument went on. 71:41 And at the end ...
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1answer
117 views

Besides Sudan, have any other foreign countries argued before the Supreme Court of the United States?

This term the Supreme Court ruled in the case Republic of Sudan v. Harrison, in which a foreign country, namely Sudan, appeared before the Court to argue its case. Has this ever happened before?
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72 views

Given Shapiro v. Thompson, why are US states allowed to charge higher tuition fees to new residents?

If I'm reading Shapiro v. Thompson correctly, US states are not allowed to require a period of residence before providing welfare benefits to US citizens. But doesn't this mean that charging different ...
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1answer
260 views

Do people born in unincorporated US territories have a constitutional right to non-citizen nationality?

In Downes v. Bidwell, the Supreme Court concluded that the Citizenship Clause does not apply to people born in unincorporated territories of the United States. Instead, if they had no other claim to ...
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2answers
244 views

Can the Supreme Court perpetually deny petitions for certiorari?

What, if anything, prevents the Supreme Court from perpetually denying all petitions for certiorari?
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1k views

Source of Supreme Court's authority to overrule prior Supreme Court decisions

If the Supreme Court is the final authority, where does the authority of future Supreme Courts come from, to overturn prior results? Wouldn't past and future courts be of equal authority?
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2answers
193 views

Can a judge/justice file a lawsuit and bring a case to their own court? What happens then?

Can a judge or justice (I'm interested in both) file a lawsuit that would normally fall under their own court's jurisdiction? What happens in such a scenario? I'm especially interested in the answer ...
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2answers
668 views

Can the US Supreme Court hear an appeal from State Supreme Court w/o a federal question?

Is it a matter of choice that the US Supreme Court will reject a case from a State Supreme Court that does not have a federal question or are there binding jurisdictional requirements that would ...
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2answers
2k views

Textualism and originalism

In the context of interpreting the U.S. Constitution, what is the distinction between textualism and originalism? Are the two approaches applied much outside of the U.S. in other contexts?
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2answers
534 views

Could the Supreme Court prohibit abortion? (And other misconceptions about overturning Roe v Wade)

Here's my layman's understanding of Roe v Wade: A state had a law prohibiting abortion; That law was challenged all the way up to the Supreme Court; The Supreme Court found a right to abortion in the ...
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1answer
3k views

Can a Supreme Court Justice be recalled?

Hypothetically, an individual has been nominated by the President to fill an open position on the US Supreme Court. The Senate has held committee hearings, the entire Senate has advised and consented,...
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1answer
77 views

Which Supreme Court justices have been the most anti-intellectual property? [closed]

Which Supreme Court justices, present or historical, have ruled the most against intellectual property rights?
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160 views

What is the precedent for what a Supreme Court nominee can or cannot say during their hearing with the Senate Committee on the Judiciary?

Senators have asked Brett Kavanaugh about a wide number of issues these last two days. A number of exchanges have become very predictable: Q: How do you feel about a past decision? A: It is precedent....
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2answers
559 views

Have Supreme Court cases with multiple subsequent reaffirming decisions been overturned?

Suppose Supreme Court decision A is subsequently reaffirmed in decisions B and C. Have there ever been situations where the court later overturns A, despite B and C?
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116 views

Washington v Davis in How To Get Away With Murder

In How To Get Away With Murder S04E13, a character says In Washington v. Davis, your predecessors decided that even if a law has a discriminatory effect, it is unconstitutional if that was not ...
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1answer
127 views

Would overturning Raich affect Filburn?

If SCOTUS decided that Gonzales v. Raich abuses the commerce clause to ridiculous proportions and overturns it, would they necessarily have to overturn Wickard v. Filburn also?
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2answers
649 views

When was pretrial detention first declared constitutional?

I assume that early on in American history, pretrial detention was at some point challenged for its constitutionality. Is that the case? I have also heard that pretrial detention is illegal as a ...
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3answers
535 views

Can a judge give a direct order to a police officer?

I'm a layperson. I have seen judges tell police officers to take an action (ex.evict someone or handcuff a defendant). Are police officers required to follow instructions from judges? I've always ...
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1answer
235 views

Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?

Today (26th of June 2018), the SCOTUS decided that the Sept. 2017 Executive Order banning travelers from several predominantly Muslim countries from entering the United States (the "Travel Ban") does ...
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1answer
3k views

What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be “neither tolerant or respectful”?

In today's decision by the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission Justice Kennedy said the treatment of the baker was "neither tolerant or respectful". ...
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2answers
614 views

Why is sports gambling not considered interstate commerce?

It is generally agreed that the United States can prohibit intrastate sales of goods it feels might affect interstate commerce under the Commerce Clause. How does intrastate gambling differ? ...
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3answers
103 views

Appeal from state's Supreme Court

MY anal retentive state state supreme court, refused acceptance of my appeal because the certificate of service was wrong. I sta stated the party would be notify through the E filing system but there ...