Questions tagged [us-supreme-court]

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

Filter by
Sorted by
Tagged with
1
vote
2answers
61 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 ...
1
vote
0answers
61 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
votes
1answer
502 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
votes
1answer
391 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
votes
1answer
37 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 ...
2
votes
1answer
247 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 ...
18
votes
1answer
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: ...
1
vote
2answers
55 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 ...
1
vote
2answers
58 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 ...
1
vote
1answer
95 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
votes
1answer
101 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?
1
vote
1answer
59 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
votes
1answer
159 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 ...
1
vote
2answers
230 views

Can the Supreme Court perpetually deny petitions for certiorari?

What, if anything, prevents the Supreme Court from perpetually denying all petitions for certiorari?
5
votes
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?
0
votes
2answers
154 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 ...
0
votes
2answers
654 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 ...
0
votes
2answers
216 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?
6
votes
2answers
433 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 ...
5
votes
1answer
2k 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,...
1
vote
1answer
75 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?
3
votes
2answers
146 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....
1
vote
2answers
518 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?
1
vote
1answer
107 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 ...
1
vote
1answer
93 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?
2
votes
2answers
630 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 ...
2
votes
3answers
280 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 ...
8
votes
1answer
175 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 ...
14
votes
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". ...
3
votes
2answers
523 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? ...
-1
votes
3answers
101 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 ...
3
votes
1answer
367 views

What case was it where Clarence Thomas sided with the liberal justices in order to remain consistent with a previous ruling?

I have a memory of a case but I can't seem to find it. What I remember is that there was a case in which the court split along partisan lines. Then, a few years later, a similar case came before the ...
2
votes
2answers
517 views

What did SCOTUS signify by 'metaphysical doubt'?

Legal Writing in Plain English (2nd edn, 2013). po. 214 Bottom - 215 Top. Link to old edition. If the evidence is merely colorable, or is not sufficiently probative, summary judgment is proper....
1
vote
1answer
316 views

Board of Estimate of City of New York v. Morris

In 1989, Board of Estimate of City of New York v. Morris unanimously declared New York City’s Board of Estimate Unconstitutional, as it violated the “one man, one vote” principle derived form 14th ...
2
votes
1answer
113 views

What is the history of rules requiring prosecutors to disclose evidence?

I was surprised to discover that Brady v. Maryland was decided as recently as 1963. Not knowing enough about the context in which it was decided, I am having trouble understanding exactly what ...
1
vote
1answer
967 views

Can the federal government force state/local governments to share resources with neighbouring states/localities?

There is an increasing amount of tension between multiple states associated with essential resources like water. Here's a link - https://m.huffpost.com/us/entry/2789784 . If a state tries to build a ...
4
votes
1answer
189 views

After US Supreme Court overturns precedent, are old cases revisited?

Hypothetical scenario: 1950: government uses method A to convict John Doe of crime B, SCOTUS upholds conviction 1990: government uses method A to convict Jake Smith of crime B 2000: government ...
3
votes
1answer
96 views

Is this an exercise of the US Supreme Court’s original jurisdiction?

I was checking the US Supreme Court’s website for recent opinions and came across one for State of Montana v. State of Wyoming and State of North Dakota. This opinion looks very different than the ...
1
vote
2answers
2k views

What is the significance of dissenting opinions in appellate court decisions?

Appellate courts often hear cases en banc and decide them by simple majority of the judges on the bench. The majority will typically sign a single "per curiam" decision, which constitutes the ...
3
votes
1answer
2k views

U.S. v. Cruikshank (1876) decision

Background According to my textbook: In Cruikshank ... the [Supreme] Court ruled that voting rights remained a state prerogative unless the state itself violated those rights. So long as the civil ...
0
votes
1answer
2k views

Who would declare a law unconstitutional if the Supreme Court couldn't?

Let's say the US Congress is passing a law. They are afraid that it would be declared unconstitutional in court, so they add an addendum saying "It is illegal for the Supreme Court to try this ...
2
votes
2answers
153 views

How could Korematsu be overturned?

The US Supreme Court Case Korematsu (1944) ruled that the internment of American citizens of Japanese ancestry was legal out of concern for national security. This case is now generally regarded as a ...
0
votes
1answer
68 views

How do 'suicide pacts' relate to the US Constitution? [closed]

Justice Jackson's dissent in Terminiello v. City of Chicago, 337 U.S. 1 (1949): This Court has gone far toward accepting the doctrine that civil liberty means the removal of all restraints from ...
2
votes
2answers
276 views

Arguments in Masterpiece Cakeshop v Colorado Civil Rights Commission

Oral arguments were recently held before the supreme court in Masterpiece Cakeshop v Colorado Civil Rights Commission. The discussion was almost exclusively about the 1st amendment's free speech ...
0
votes
1answer
306 views

Why can some states choose to reject the Attractive Nuisance Doctrine?

In the United States, the US Supreme Court established the Turntable Doctrine, in R.R. Co. v. Stout, 84 U.S. 657. As I understand it, In general, if a person is injured while trespassing on someone’s ...
2
votes
0answers
213 views

Why did Judge Bazile issue a ruling on the Loving case years after the case was closed and appeal deadlines had passed?

Everything in Hollywood's historical movies is true, right? OK, There are known counterexamples..... The recent film Loving is about the case in which Richard Loving and Mildred Jeter, who resided ...
0
votes
1answer
130 views

Contradictory rulings by two circuit courts?

How often do two circuit courts issue contradictory legal opinion (my layman's understanding is that they would tend to use the earlier opinion as precedent, so that shouldn't happen too often?) If ...
3
votes
1answer
288 views

Are there any situations where SCOTUS is required as first step?

As far as I know, when the cases are heard by Federal judiciary, they are first heard by lower level courts, and only get escalated to SCOTUS once appealed from a ruling by a circuit court. Is that ...
0
votes
2answers
113 views

Why did the US Supreme Court hear this case?

An op-ed entitled A Major Church-State Ruling That Shouldn't Have Happened claims that In Trinity v. Comer, there was no remaining dispute between the actual parties As I understand it, courts ...
1
vote
2answers
334 views

Where to find brief for Jaffe vs Roberts

I am interested in finding the brief of the petitioner in the US Supreme Court case "Robert J. Jaffe, Petitioner v. John G. Roberts, Jr., Chief Justice, Supreme Court of the United States, et al." ...