Questions tagged [us-supreme-court]
For questions related to the Supreme Court of the United States of America.
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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What was the smallest monetary claim settled by SCOTUS, inflation adjusted?
This is similar to this question, but for the US Supreme Court. What is the smallest monetary claim, adjusted for inflation, settled by the SCOTUS?
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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 ...
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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 ...
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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-...
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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 ...
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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!
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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 ...
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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 ...
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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?
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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 ...
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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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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 ...
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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 ...
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What happens if a Supreme Court decision is obviously wrong?
Edited to add this summary: What happens if the Supreme Court issues a ruling that is obviously unconstitutional, such as interpreting a clause to mean something no reasonable person would believe it ...
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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 ...
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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 ...
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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 its ...
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Insane Shonda Rhimes coincidence: The last name of the lead actors of HTGAWM and Scandal match the last names in Washington v Davis [closed]
There's a cited court case in How To Get Away With Murder season 4, episode 13, called Washington v Davis. See here about the incorrect citation:
In Washington v. Davis, your predecessors decided ...
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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 ...
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Are the 1934 Firearms Control Act and 1968 Gun Control Act constitutional after Bruen?
The government must then justify its regulation by demonstrating that
it is consistent with the Nation's historical tradition of firearm
regulation. Only then may a court conclude that the individual'...
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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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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 ...
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Is there any difference between cases affecting someone and cases to whch someone is a party?
Article III, Section 2, Clause 2 of the U.S. Constitution reads (in part):
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the ...
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Copyright rules are restricted [closed]
Are Copyright rules enforced by the authorities currently only to written documents? Are there any regulations on "mind reading" and producing documents elsewhere? How correctly and usefully ...
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Do federal courts favor arbitration compared to state courts?
On OgleeTree.com I read this:
State courts historically have been more hostile to arbitration than
federal courts.
Do federal courts tend to favor arbitration over state courts? Aren't both federal ...
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Arbitration: Favored Way of Resolving Disputes or Equal Footing?
In a recent answer on SE @ _ohwilleke writes:
that the case law does make clear that the standard to apply the
arbitration clause is relatively modest especially where one party has
signed the ...
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Is there precedent for Supreme Court justices recusing themselves from cases when they have strong ties to groups with strong opinions on the case?
According to this article in Newsweek, people are calling for Amy Coney Barrett to recuse herself from the 303 Creative LLC v. Elenis case because she has strong ties to anti-gay Christian groups. ...
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Is a firm required to arbitrate disputes arising after the expiration of employment contract?
Suppose an employee is hired by a firm for a period of one year. After the first year the employee may continue working for the company, until terminated, as an at will employee (For simplicity, let’s ...
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What is the significance of a SCOTUS order being unsigned?
The Supreme Court today rejected Donald Trump’s request that the High Court block House Democrats from viewing his tax returns. The order was brief, unsigned and noted no dissents.
What is the ...
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Durability of Federal legislation protecting abortion rights in US
Recently the Supreme Court of the United States, through Dobbs, has restored the right of States to prohibit abortion. Supporters of reproductive freedoms have since renewed calls upon Congress to ...
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Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?
As of Oct 21, 2022, the January 6 Committee has issued a subpoena to former president Trump, setting up the potential for a case against Trump to end up in front of the Supreme Court. I spent awhile ...
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How many times has the Major Questions doctrine been invoked by higher US Courts?
In West Virginia v. EPA the court invokes the "major questions doctrine," as part of it's justification for blocking what would otherwise have been landmark climate policy. This article ...
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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?
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Projectors, White Boards & Electronic devices in judicial courts
Are projectors, white boards and other electronic devices viz monitor screens, laptops,scanners, recording and playback devices etc. available or allowed in courts?
As a example, the lawyer of either ...
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Which part of the Constitution was cited in Jacobson v. Williams?
Which part of the Constitution did the SCOTUS majority opinion in Jacobson v. Williams cite?
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Can a supreme court justice argue before the supreme court?
Meet Bob. Bob is a supreme court justice and has a hobby of engaging in private, noncommercial, and legally questionable activities. As a result of those activities, Alice is now suing Bob in his ...
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Why has there not been a SCOTUS interpretation of this?
While reading the constitution I came across this:
“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to ...
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Can you force the Supreme Court to hear a lawsuit by including all other judges as defendants?
If all judges with jurisdiction over a case have a conflict of interest, they do not have to recuse themselves. If a lawsuit is filed against several people, it can be dismissed partially, with only ...
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