Questions tagged [us-supreme-court]
For questions related to the Supreme Court of the United States of America.
116
questions
2
votes
1answer
137 views
How are machine guns basically illegal considering the findings of US v. Miller?
In US v. Miller, the Supreme Court found that the NFA was constitutional because short-barreled shotguns have no military uses. Assuming for the sake of argument that's true (it's not), how can the ...
-1
votes
1answer
65 views
Why doesn't the US Supreme Court just forbid the “re-use, capture, re-editing or redistribution” of video footage like the UK Supreme Court?
First, I know that US and UK law differ. Here's one common argument against televising proceedings of the US Supreme Court as summarized by the dead Justice Antonin Scalia.
Though Scalia said he was ...
3
votes
1answer
85 views
When did the US Supreme Court drop the 'Mr' before Justice?
Old US Supreme Court opinions—eg, here—follow the English and (some) Commonwealth practice of prefacing the title of the justice with 'Mr.'. When and why did this, and only this usage, cease (given ...
17
votes
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
votes
0answers
51 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
votes
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
votes
3answers
921 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
votes
0answers
28 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
votes
1answer
84 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
votes
1answer
112 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
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
votes
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
votes
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
votes
1answer
154 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
227 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
166 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
131 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
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
vote
1answer
109 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
209 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
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
votes
2answers
258 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
126 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
174 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
33 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
105 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
122 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
62 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
108 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
155 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
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 ...
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
87 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
1answer
105 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
70 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
562 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
999 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
54 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
votes
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
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
77 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
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
votes
1answer
115 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
131 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?
2
votes
1answer
79 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
290 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
261 views
Can the Supreme Court perpetually deny petitions for certiorari?
What, if anything, prevents the Supreme Court from perpetually denying all petitions for certiorari?
