Questions tagged [us-supreme-court]

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

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17
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2answers
5k views

Why did the Supreme Court vacate the ruling that Trump could not block Twitter users?

In 2019, an appeals court upheld a decision that President Trump violated the First Amendment by blocking users from his Twitter account. Two days ago, the Supreme Court declared the case "moot&...
2
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0answers
47 views

Why do United States Reports take so long to be published?

As an English-trained lawyer, I am used to seeing a decision of the UK Supreme Court (or formerly, the House of Lords) published within roughly a year in Appeal Cases (AC) (and sooner in the Weekly ...
27
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4answers
9k views

What happens to Donald Trump if he refuses to turn over his financial records?

Headlines for 2021 February 22 read "Supreme Court Approves Subpoena for Trump's Financial Records". Since the Supreme Court has now ruled on the matter, I am not aware of any other body to ...
4
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3answers
919 views

Does the U.S. Supreme Court have jurisdiction over the constitutionality of an impeachment?

A question arose on Politics SE asking why the constitutionality to continue an impeachment trial (whose prime purpose is, presumably, to remove an official from office) after the official has left ...
0
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0answers
27 views

If (hypothetically) Congress sets a non-zero uninsured penalty, does that invalidate California v. Texas before it is even decided by SCOTUS?

Regarding the Affordable Care Act odyssey throughout the courts: The Affordable Care Act’s (ACA) future continues to be uncertain as the law’s constitutionality will once again be considered by the U....
2
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1answer
77 views

Thompson v Louisiana 1984 - Murderer convicted?

I am reading about the case Thompson v Louisiana from 1984 when SCOTUS decided that evidence obtained during a search without a search warrant couldn't be used in the case. But besides the SCOTUS-case ...
0
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1answer
95 views

What does Ex parte Milligan, 71 U.S. 2 (1866) have to do with personal freedoms?

There is a post floating around on Facebook that "quotes" the Supreme Court's ruling in Ex parte Milligan, 71 U.S. 2 (1866): I'm certain that the author's interpretation of the ruling is ...
1
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1answer
44 views

Petitions for leave to file a complaint, in SCOTUS's original jurisdiction in suits by a state against a state

Denial of leave to file a complaint The U.S. Supreme Court has just denied the petition from the state of Texas for leave to file a complaint against the state of Wisconsin. Ten months ago they denied ...
-1
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1answer
103 views

Known incorrect expert testimony to the SCOTUS, which may not deceive the common man. Is it illegal?

A sceptics answer discusses the misleading statistical analysis in the Texas vs. Pennsylvania, Georgia, Michigan and Wisconsin lawsuit that lead to the claim that there is less than a one in a ...
4
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2answers
251 views

What standing does one state have to determine if another state(s)' implementation of their own constitution violates the federal constitution?

Background Various media outlets have been reporting on the notoriety and expansiveness of State of Texas vs. Commonwealth of Pennsylvania, etc.. This lawsuit alleges the following: • Non-...
3
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1answer
150 views

Supreme Court Cases That Have Been Decided on Statistical Evidence---Are There Any?

Have there been any Supreme Court cases that have been decided based on statistical evidence? If so, which ones; and what was the evidence presented? In 1897, Oliver Wendell Holmes (before he became a ...
6
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1answer
225 views

How do the US Supreme Court justices decide to deny an application for injunctive relief?

On Dec 8 2020 the US Supreme Court denies Sen. Mike Lee's emergency application for injunctive relief to vacate the Pennsylvania Supreme Court decision on Nov 25 2020. The US Supreme Court order to ...
1
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3answers
164 views

Why can the Supreme Court tell a state what to do with its ballots?

Supreme Court Justice Samuel Alito late Friday granted part of a request from Pennsylvania's state Republicans, who wanted an order regarding mail ballots that came in during the extended deadline. He ...
0
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2answers
128 views

Who has the final say in the choice of the electors?

In case of disputes related to the presidential election, who has the final say in the choice of the electors: state legislature, SCOTUS or the state's supreme court? It's my understanding that the US ...
1
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0answers
36 views

Has natural law ever been asked of a U.S. Supreme Court nominee in a confirmation hearing?

Has natural law ever been asked of U.S. Supreme Court nominee in a confirmation hearing? Whether or not a candidate for the U.S. Supreme Court believes there is natural law or what his thoughts of its ...
1
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1answer
108 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 ...
5
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1answer
200 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 ...
0
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1answer
50 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 ...
8
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2answers
252 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 ...
3
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1answer
116 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 ...
2
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2answers
167 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 ...
15
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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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0answers
32 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. ...
0
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1answer
101 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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0answers
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 ...
1
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1answer
118 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
58 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 ...
5
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1answer
97 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 ...
3
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1answer
153 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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0answers
116 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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0answers
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
86 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. ...
0
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1answer
103 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 ...
6
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1answer
561 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 ...
6
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1answer
937 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 ...
2
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1answer
53 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 ...
3
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2answers
2k 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 ...
20
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2answers
3k 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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2answers
76 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
75 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 ...
2
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1answer
114 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 ...
2
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1answer
129 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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1answer
77 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 ...
4
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1answer
284 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
260 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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2answers
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
202 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 ...
1
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2answers
674 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 ...