Questions tagged [us-supreme-court]
For questions related to the Supreme Court of the United States of America.
108
questions
0
votes
1answer
68 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
vote
1answer
42 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
votes
1answer
100 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
votes
2answers
250 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
votes
1answer
141 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
votes
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
vote
3answers
161 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
votes
2answers
124 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
vote
0answers
34 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
vote
1answer
100 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
votes
1answer
198 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
votes
1answer
44 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
votes
2answers
235 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
votes
1answer
107 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
votes
2answers
147 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
votes
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 ...
0
votes
0answers
31 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
votes
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 ...
1
vote
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
vote
1answer
64 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 ...
0
votes
1answer
54 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
votes
1answer
78 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
votes
1answer
144 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 ...
0
votes
0answers
115 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 ...
0
votes
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 ...
1
vote
1answer
80 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
votes
0answers
54 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/...
0
votes
1answer
102 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 ...
1
vote
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 ...
1
vote
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
votes
1answer
546 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
864 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
51 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 ...
4
votes
1answer
1k 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 ...
19
votes
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:
...
1
vote
2answers
70 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
73 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
votes
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 ...
2
votes
1answer
121 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
75 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
276 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
254 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
197 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
670 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
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?
9
votes
2answers
552 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
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,...
2
votes
1answer
79 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?
4
votes
2answers
163 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....
