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Questions tagged [us-supreme-court]

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

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What proportion of Supreme Court decisions are on the substance of the underlying claim, as opposed to technicalities?

In the recent decision on FOOD AND DRUG ADMINISTRATION ET AL. v. ALLIANCE FOR HIPPOCRATIC MEDICINE ET AL (the mifeprestone case), the Supreme Court ruled against the Alliance on the grounds that they ...
Barmar's user avatar
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How often have unanimous decisions been overturned?

With the recent Loper Bright Enterprises v. Raimondo and Relentless,Inc. v. Department of Commerce decision overturning of the unanimous 1984 decision in Chevron v. Natural Resources Defense Council, ...
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1 answer
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What are the standards for mandatory review by the US supreme court?

According to my MBE Critical pass flashcards (flashcard #6 in the Constitutional Law category titled "supreme court jurisdiction and review"): Methods of Supreme Court review: ...
S J's user avatar
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8 votes
1 answer
2k views

Has the Supreme Court given any examples where presumptive immunity would be overcome?

In the recent US Supreme Court ruling on presidential immunity, Trump v. United States, the Court found that there is absolute immunity for actions within the president's "exclusive sphere", ...
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4 votes
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461 views

Can the U. S. Supreme Court decide on agencies, laws, etc., that are not in front of them for a decision?

Current streaming news indicates that Justice Clarence Thomas wants to "go after" OSHA. Can the court do this ad hoc without cases regarding OSHA being argued in front of them for a decision?...
Rebecca Liming's user avatar
2 votes
1 answer
92 views

Why did the Supreme Court have original jurisdiction in United States v. Shipp

United States v. Shipp, 20 U.S. 563 (1906) was the only case in history in which the Supreme Court conducted a criminal trial (as opposed to reviewing a matter of law arising in a criminal case that ...
Brian's user avatar
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-2 votes
1 answer
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What effect might recent US Supreme Court decisions/revelations have on extradition requests to the US? [closed]

As a lay-person with regards to the law, I am most definitely speaking from a position of ignorance. Hence my hypothetical question. Assuming a European court (for the sake of this hypothetical) is ...
MartinSGill's user avatar
23 votes
3 answers
8k views

Does Justice Sotomayor's "Seal Team 6" example, in and of itself, explicitly give the President the authority to execute opponents? If not, why not?

This is less a question about the SCOTUS ruling itself, and more about how SCOTUS rulings are interpreted in applying the law. In the SCOTUS ruling in Trump v. United States (23-939) on July 1st, 2024,...
Michael's user avatar
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12 votes
2 answers
930 views

Did the SCOTUS immunity decision grant immunity for using the military to assassinate a political opponent?

In her dissent in Trump v. United States, 603 U.S. ___ (2024), Justice Sonia Sotomayor wrote When he uses his official powers in any way, under the majority’s reasoning, he now will be insulated from ...
Barmar's user avatar
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34 votes
1 answer
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Can someone explain the Trump immunity ruling?

The US Supreme Court handed down their ruling in the presidential immunity case regarding Donald Trump and the January 6 insurrection. From what I've been able to tell from news reports, they said ...
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Why has the recent Chevron ruling by SCOTUS generated so much controversy? [duplicate]

The Supreme Court of the United States (SCOTUS) recently overruled a previous ruling which has commonly been referred to as "Chevron". At the time this question was posted, there is a ...
Wipqozn's user avatar
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4 votes
1 answer
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What will happen to Federal regulations once Chevron is eliminated?

The Supreme Court heard oral arguments in Loper Bright Enterprises v. Raimondo and Relentless, Inc. v. Department of Commerce (https://news.harvard.edu/gazette/story/2024/01/chevron-deference-faces-...
physio's user avatar
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2 votes
1 answer
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Does the U.S. Supreme Court have unlimited ability to interpret the Constitution? [closed]

Is there any legal mechanism stopping a Supreme Court justice from concocting any interpretation of law they want, no matter how outlandish? What are the de facto buffers against this? Can the other ...
Julius Hamilton's user avatar
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1 answer
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Fischer v. United States defense arguments based on literal reading of "Obstructing an official proceeding" vs "What they actually meant was..."?

Oral arguments for Fischer v. United States (Docket No. 23-5572) were recently heard at the US Supreme court, and there have been written filings as well. Wikipedia's Obstructing an official ...
uhoh's user avatar
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1 answer
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In the SCOTUS case yesterday on Mifepristone and FDA, why was *Twiqbal* and prohibition on 3rd party standing not raised?

Yesterday [March 26, 2024], SCOTUS heard oral arguments on whether FDA exceeded its role in easing the rules on the drug mifepristone that can be used for medication abortion. Many justices across the ...
Anthony's user avatar
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2 answers
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Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

It has recently been determined by a controversial Supreme Court decision that Section 3 of the 14th Amendment is to be enforced by legislation drafted for the purpose by Congress, and not by the ...
interfect's user avatar
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-3 votes
2 answers
211 views

What possible reason could SCOTUS have for taking up the Trump immunity case?

SCOTUS was given an opportunity several months ago to hear the appeal regarding whether Donald Trump has immunity from prosecution for actions he took while he was President. They declined to hear it, ...
Barmar's user avatar
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1 vote
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By whom is the Trump "Immunity case" presently stayed

[had been posted to politics.stackexchange.com, but comments there indicated it would be more appropriate here] According to a number of YouTube videos, when a case is appealed to the Supreme Court, ...
supercat's user avatar
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How many US supreme court justices are needed to decide to take a case as a function of the number of total justices, and how was that decided?

In CNN's February 10, 2024 Why the Supreme Court may not hear Trump’s immunity appeal, senior legal analyst and former federal prossecutor Ellie Honig says ...but (this is) really important for ...
uhoh's user avatar
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2 votes
0 answers
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Are there examples of the Court making a decision based on Jackson's Youngstown tripartite test, where they said the case was in the second category?

In Youngstown Sheet & Tube Co. v. Sawyer, in a popular concurring opinion, Justice Jackson setup a tripartite framework for evaluating the President's proper authority: When the President acts ...
JoshuaD's user avatar
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9 votes
1 answer
224 views

How does the Supreme Court review stays of execution so fast?

I've been reading the Wikipedia article about the Execution of Kenneth Eugene Smith, and the section about the first execution attempt says: at 7:59 p.m. the Eleventh Circuit issued a stay of ...
Neith's user avatar
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1 answer
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Texas' refusal to cooperate w/ Homeland Security based on DHS being "fixated" on a recent ("misled") Supreme Court order; supported by law/precedent?

CBS News' January 26, 2024 Texas attorney general refuses to grant federal agents full access to border park: "Your request is hereby denied" links to Texas Attorney General Ken Paxton's ...
uhoh's user avatar
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Why did the Marshall Court actually rule that part of the Judiciary Act was unconstitutional?

Marbury v. Madison, 5 U.S. 137 (1803), decided by the U.S. Supreme Court's Marshall Court, is famous for being the case most strongly associated with giving the court the power to rule statutes ...
R-Obsessive's user avatar
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-4 votes
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Will of the people vs. the "insurrection" section 3 of the 14th amendment [closed]

On December 19, 2023, The Colorado Supreme Court has ruled that "President Trump is disqualified from holding the office of President under Section Three [of the 14th amendment]". The legal ...
Peter - Reinstate Monica's user avatar
0 votes
4 answers
326 views

How long do courts have to follow precedents?

It was recently in the news that the Eight Circuit Court of Appeals has decided that only the federal government can sue under Section 2 of the Voting Rights Act. However, this past June, the Supreme ...
interfect's user avatar
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2 votes
1 answer
333 views

Trying to get a complete set of SCOTUS opinions

I am trying to get a complete set of SCOTUS opinions, and have been trying to use courtlistener.com for the purpose, but the API is horrifically under-documented, and crippled. If anyone can tell me ...
Igor Rivin's user avatar
3 votes
1 answer
94 views

How many staff do Supreme Court judges have to assist with research, deliberations, and composition of judgements?

I’m interested in rough estimates answering for any particular jurisdiction, or rougher estimates answering more generally for the typical situation across jurisdictions. How much of the work of a ...
TylerDurden's user avatar
0 votes
1 answer
104 views

Can an ex parte suit be brought directly before the Supreme Court to replace dictum in a particular case?

There are cases where extra-constitutional arguments appear to have resulted in decisions in conflict with the text of the US Constitution. The dictum of a particular case is referenced in multiple ...
Rick Smith's user avatar
1 vote
2 answers
295 views

Doesn't Article III of the U.S Constitution allow for "regulations" like those of the Judiciary Act of 1789?

This question pertains to Marbury v. Madison. I'm a bit unsure as to why SCOTUS ruled the way it did. The Judiciary Act of 1789 (Section 13): The act to establish the judicial courts of the United ...
aSquaredRush's user avatar
1 vote
1 answer
131 views

Is it no longer possible for US universities to specifically support Ukrainians in admissions after SCOTUS ruling?

Here in Poland, after the invasion, universities started providing a separate admissions track to Ukrainian students. Набір на навчання Ми підготували два шляхи набору кандидатів на наші ...
kcoa8589's user avatar
6 votes
2 answers
910 views

Imbler v. Pachtman and Texas prosecutor Ken Anderson

In 2013 Texas (Williamson County) District Attorney Ken Anderson served a 10 day jail sentence for prosecutorial misconduct. Quoting https://innocenceproject.org/news/ken-anderson-michael-morton-...
neubert's user avatar
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1 vote
2 answers
147 views

Do messages exchanged between students during a virtual class count as "Off-Campus Speech"?

I am the IT manager of a high school. I setup an online conference system during the height of the pandemic so that classes could be conducted virtually. We still sometimes switch to virtual classes ...
yax30758's user avatar
-3 votes
1 answer
172 views

Could SCOTUS ban the pointing of guns at jurors?

With the Rittenhouse fiasco were a prosecutor pointed an assault rifle at jurors. Could SCOTUS give guidance as to how the issue of fire arms in the court room should be handled? And more specifically ...
Neil Meyer's user avatar
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0 votes
0 answers
66 views

Access to US Supreme Court brief

does anyone have access to the American edition of Westlaw? I’m trying to get hold of a copy of the US Supreme Court brief under reference 2000 WL 432367, any pointers or help appreciated!
Zarka's user avatar
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24 votes
3 answers
7k views

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

In Justice Roberts's ruling in Students for Fair Admissions v. Harvard College overturning affirmative action in the United States, he holds that "Harvard’s and UNC’s admissions programs violate ...
Very Tiny Brain's user avatar
7 votes
2 answers
641 views

Is the Supreme Court's in-house citation style manual publicly available?

SCOTUS uses a distinct in-house citation style which, although it has a lot in common with the Bluebook, is not the same (differing in key places) and is as far as I know unique. Is the citation style ...
ezgranet's user avatar
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-2 votes
1 answer
124 views

Whiteboards availability in High courts and Supreme courts of USA and UK

Are Whiteboards available separately for the two lawyers in High courts and Supreme courts of USA and UK to explain their cases? If No, Do you recommend to have Whiteboards in the courts?
Prashant Akerkar's user avatar
5 votes
1 answer
133 views

Water rights - Navajo Nation v. United States

I am trying to understand the context behind the recent SCOTUS decision against the Navajo Nation. It seems like the US, as a trustee, has an equitable duty to perform a Water Rights Accounting, and ...
Max Battle's user avatar
0 votes
1 answer
84 views

How is 'National Amusements' allowed to own Paramount Global? As well as CBS, etc.? In light of U.S. v. Paramount?

I know that 1948 was a long time ago, and that antitrust decisions/regulations/etc. seem to weaken over time, but.... The Paramount Global CBS Viacom Whatever conglomerate, majority-owned by National ...
Kurt Hikes's user avatar
1 vote
1 answer
83 views

How to access SCOTUS opinion announcements from the bench

I guess my query is in the title. I read that the Supreme Court of the United States would resume annunciation of its opinions, but I have not, for the life of me, been able to find announcements from ...
BakedAlaska624's user avatar
21 votes
6 answers
4k views

Are legislators ever asked to explain their intent in Supreme Court cases?

I recently started to listen to recordings of arguments before the Supreme Court. I am not a lawyer so I don't completely follow everything, but I noticed right away that a lot of arguments deal with ...
guero64's user avatar
  • 561
8 votes
1 answer
1k views

What is the nature of these “internal documents” from the U.S. Supreme Court?

The media have been reporting on the contents of Justice John Paul Stevens' documents, which have now been made public. This article for instance includes excerpts from what seem to be correspondence ...
adam.baker's user avatar
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4 votes
1 answer
233 views

What happens when there are multiple opinions joined by a majority of justices of the U.S. Supreme Court?

The chief justice, or the most senior justice in the majority if the chief justice is in the dissent, assigns a justice in the majority to write the opinion of the Court. Suppose that the selected ...
n00p's user avatar
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4 votes
3 answers
3k views

Could a justice be sued in a case that goes, ‘‘all the way up to the Supreme Court?’’

Hypothetical. Person (A), before in his life, had engaged in some act that, allegedly, defamed some other person (B); later on in life, person (A) becomes an associate justice of the U.S. Supreme ...
user avatar
-1 votes
1 answer
88 views

Before being overturned, did Roe v Wade grant pregnant men the right to have abortions, in addition to pregnant women?

The language in the Roe v Wade decision refers over and over to the rights of a "pregnant woman". Does this mean it protected only the rights of pregnant women, and not pregnant men, to ...
user10264746's user avatar
10 votes
1 answer
2k views

At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?

When the Supreme Court hears a case it can take a while for it to issue a verdict. Typically, after hearing oral arguments, the Justices have to decide the case. They do so at what is known as the ...
S.O.S's user avatar
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1 vote
2 answers
65 views

Which case is "Sheperd" and is it still relevant?

While doing some handiwork and idly listening to a reading of a memorandum of law in a case called Khoberger from Idaho, the court repeatedly argues a SCOTUS case only named as "Sheperd" or ...
Trish's user avatar
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-1 votes
2 answers
127 views

Can a Lower Court Claim to be "Smarter" than the Supreme Court?

In Coinbase, Inc. v. Bielski the Supreme Court agreed to review as to whether a denial of a motion to compel arbitration ousts a district court’s jurisdiction to proceed with litigation pending ...
S.O.S's user avatar
  • 601
7 votes
3 answers
1k views

Can you appeal a case after a higher court renders a favorable opinion about a law?

In the U.S. Supreme Court's case, 'Monasky v. Taglieri', an opinion was rendered regarding how jurisdiction findings related to 'Habitual Residence' under the Hague Convention are determined. Could ...
elika kohen's user avatar
7 votes
4 answers
2k views

On the (Equi)Potency of Each Organic Law of the United States

According to the United States Code, there are four organic laws of the United States: The United States Declaration of Independence of July 4, 1776, The Articles of Confederation and Perpetual Union ...
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