Questions tagged [us-supreme-court]
For questions related to the Supreme Court of the United States of America.
24
questions
10
votes
5
answers
7k
views
Could the Senate abolish the Supreme Court?
As a follow up from this question, suppose the Senate got tired of the "pesky" Court overturning its laws. Or, suppose that additional elections produced Senate majorities of a different party than ...
- 4,898
24
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,...
- 561
22
votes
1
answer
7k
views
What happens if the US Supreme Court ties 4-4?
What is the result of a 4-4 split in a US Supreme Court case?
user3851
13
votes
2
answers
967
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
...
- 4,818
9
votes
4
answers
2k
views
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 ...
- 209
6
votes
8
answers
5k
views
Could the President abolish the Supreme Court?
Article II, Section 2, of the US Constitution states:
[The President] shall nominate, and by and with the advice and consent of the Senate, shall appoint ambassadors, other public ministers and ...
- 4,898
4
votes
1
answer
313
views
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-...
- 59
2
votes
2
answers
664
views
How will credit card purchases NOT fall under the guidlines of the new Supreme Court ruling?
The intent of this new ruling by the Supreme Court is for anonymous networks but, when doing forensics on a wire in such a manner as to present to a judge, you can't tell what's inside those packets. ...
- 29
1
vote
3
answers
334
views
Is litigation required for SCOTUS to judge the constitutionality of an issue?
I made an observation in another thread about mandating vaccines that it would probably be a good idea for those who are for the idea of mandating vaccines, that its constitutionality should first be ...
- 5,077
1
vote
1
answer
278
views
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 ...
- 601
1
vote
1
answer
201
views
How can a court in the U.S. overcome eBay Inc. v. MercExchange, LLC and order mandatory injunction?
Law*
In Ebay Inc. v. Mercexchange, L.L.C., 547 U.S. 388, 126 S. Ct. 1837 (2006) (“EBay”), the Court restated that:
“The traditional four-factor test applied by courts of equity when considering ...
- 3,942
34
votes
1
answer
6k
views
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 ...
- 4,818
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 ...
- 1,013
19
votes
4
answers
5k
views
How willing is the US Supreme Court to declare itself wrong?
In comments on this answer User Suprcat wrote (in part)
I think a big problem is that Marbury v. Madison has been applied in a way that ignores a major caveat: a court's job is to say what the law is,...
- 114k
18
votes
2
answers
1k
views
Why does the United States Supreme Court oppose cameras, when Australia's, Canada's, and UK's have permitted them?
SCOTUS Justices' arguments against televising (like Alito J at 21:03 and Kagan J at 26:17 who interestingly voted TO televise when he was on the 3rd Circuit), also pertain to the HCA, SCC, and UKSC. ...
user89
16
votes
2
answers
2k
views
Why the same-sex marriage Supreme Court decision applies also to Puerto Rico when the Fourteen Amendment does not apply to territories?
This is in relation to a comment on this question that I also made.
In one of the comments, one of the users made this statement:
The Fourteenth Amendment talks about states (and Puerto Rico is ...
- 553
7
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 ...
user49993
6
votes
2
answers
494
views
Could President Obama do as Sen. McConnell says and leave the SCOTUS nominations to the next President?
The related question, Could the President abolish the Supreme Court?, addresses the extreme situation, whether a President could realistically shirk his Constitutional duty to appoint new SCOTUS ...
- 199
3
votes
1
answer
193
views
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 ...
- 601
2
votes
1
answer
706
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 ...
- 854
2
votes
1
answer
685
views
Are limiting voting rights to residents of Puerto Rico unconstitutional?
This is something that I have been thinking after the decision from Supreme Court legalizing same-sex marriages. The Supreme Court based its decision on the fact that prohibiting same-sex marriages ...
- 553
1
vote
2
answers
324
views
Are US appeals court decisions binding on nonparties to a case?
To what extent do the decisions of appellate courts in the US (both Federal and State), and particularly decisions of the US Supreme Court, bind those who were not parties to the case? And to what ...
- 114k
1
vote
1
answer
285
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 its ...
- 931
-3
votes
2
answers
370
views
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 ...
- 1,195