Questions tagged [us-supreme-court]
For questions related to the Supreme Court of the United States of America.
209
questions
27
votes
4
answers
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 ...
25
votes
6
answers
6k
views
What happens when the opinion of the Court misrepresents the facts of the case?
In Kennedy v. Bremerton School District (2022), the Court ruled 6–3 in favor of a high school football coach who had been leading players in prayer and was instructed by the school district to stop. [...
- 383
24
votes
3
answers
6k
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 ...
- 735
23
votes
2
answers
6k
views
Have draft SCOTUS opinions been leaked before?
A draft opinion on Dobbs v. Jackson has been leaked. Cathi Herrod of the Center for Arizona Policy has claimed:
It is totally unprecedented for a draft opinion to be leaked.
Is it unprecedented, or ...
- 892
22
votes
1
answer
6k
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
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 ...
- 561
20
votes
3
answers
4k
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:
...
- 4,798
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,...
- 113k
18
votes
2
answers
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&...
- 759
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
17
votes
5
answers
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 ...
- 1,284
17
votes
2
answers
4k
views
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 ...
- 2,137
17
votes
2
answers
4k
views
When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?
When a new SCOTUS ruling overturns an old one, what is the philosophical difference between the two rulings? It seems to me that there are two possible explanations; either the old ruling was a ...
- 3,527
17
votes
1
answer
3k
views
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. ...
- 610
16
votes
5
answers
5k
views
Could the right to "life" in the constitution be used by the supreme court to reject a federal law forbidding abortion bans?
I saw a question on here asking about how hard it would be to pass a Federal law that prevents states from banning abortion, and the discussion was mostly about whether the federal government had the ...
- 260
16
votes
3
answers
4k
views
Can a U.S. state bring action before the Supreme Court against another state for equal rights of its own citizens when they visit the other state?
Let’s make this hypothetical. Two U.S. states, East Lumbago and West Lumbago, which share a common border. It’s a First Amendment issue, specifically: “Congress shall make no law . . . abridging . . . ...
- 1,256
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
14
votes
2
answers
4k
views
Does the Supreme Court simply rubberstamp the prevailing social consensus?
In Dred Scott v. Sandford, 60 U.S. (19 How.) 393 (1857) the US Supreme Court ruled that slavery was legal.
In Plessy v. Ferguson, 163 U.S. 537 (1896), the US Supreme Court ruled that segregation was ...
- 71
14
votes
1
answer
3k
views
What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be "neither tolerant or respectful"?
In today's decision by the Supreme Court in the case of Masterpiece Cakeshop v. Colorado Civil Rights Commission Justice Kennedy said the treatment of the baker was "neither tolerant or respectful". ...
- 241
13
votes
2
answers
1k
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 ...
- 724
12
votes
2
answers
1k
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 ...
- 223
11
votes
1
answer
1k
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 ...
- 581
11
votes
1
answer
3k
views
Why do Supreme Court Justices call each other "Brother"?
Take the case of Brewer v. Williams. In his concurrence, Justice Marshall writes,
I concur wholeheartedly in my Brother STEWART's opinion for the Court
I recall seeing this in other concurrences, ...
- 2,961
10
votes
1
answer
3k
views
What happens if a Supreme Court member dies before a decision is announced?
Suppose that the Supreme Court has finished hearing oral arguments to a case, the Justices are in the process of writing up their opinions, and one of them suddenly dies (or resigns, or becomes ...
- 298
9
votes
5
answers
6k
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 ...
- 4,798
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
9
votes
2
answers
4k
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,...
- 1,865
9
votes
1
answer
356
views
Why are the promises President Trump made on the travel ban not relevant to determine whether the executive order itself is constitutional?
Today (26th of June 2018), the SCOTUS decided that the Sept. 2017 Executive Order banning travelers from several predominantly Muslim countries from entering the United States (the "Travel Ban") does ...
- 967
9
votes
1
answer
690
views
Can abortion laws which were made legal to prosecute be applied ex post facto?
Normally, a person cannot be charged with a crime if the statute outlawing their behavior was passed after they committed it, states and Congress are barred by the US Constitution from enforcing such ...
- 4,821
8
votes
2
answers
2k
views
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 ...
- 887
8
votes
2
answers
570
views
How often, if ever, has the US Supreme Court cited the Natural Moral Law in a majority decision?
I think it's cited occasionally by justices like Clarence Thomas, but it seems only when he's in the minority advocating something that most people see as being inline with his Catholicism under the ...
- 268
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 ...
- 1,057
8
votes
2
answers
507
views
Can the U. S. Supreme Court take as much time as it wants until it renders a decision?
I am wondering whether there is any formal (I could not find one) or informal (e. g. custom) limit on the time that the U. S. Supreme Court can take from the date when a case enters the docket (...
- 81
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 ...
- 1,125
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 ...
- 361
7
votes
2
answers
610
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 ...
- 638
7
votes
2
answers
2k
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 ...
- 1,579
7
votes
2
answers
767
views
What is the theory that allows a state to appeal a judgment of its own supreme court to the US Supreme Court?
Suppose John Doe is facing criminal prosecution in Florida. He raises a 4th Amendment issue, and the Florida Supreme Court grants him relief. At this point, the state of Florida can appeal to the US ...
user3309
7
votes
1
answer
282
views
Dissenting justices' views on second question in Obergefell
Obergefell v. Hodges was a recent case in which the Supreme Court ruled that same-sex marriage was a constitutional right. The Court considered two questions:
Does the Fourteenth Amendment require a ...
- 170
6
votes
8
answers
3k
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 ...
- 4,798
6
votes
1
answer
1k
views
Are children allowed to pray at goverment schools?
I was once told on the internet that there is no actual ban on religion at government schools in the US. The issue is actually that public school teachers are considered agents of the state and are ...
- 4,727
6
votes
2
answers
2k
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?
- 171
6
votes
3
answers
1k
views
Is there any mechanism to enforce judicial recusal?
Is there any mechanism to force a judge to recuse him/herself from a case? (I mean above and beyond filing a motion and leaving the decision to the judge him/herself to decide?)
For example, Justice ...
- 9,818
6
votes
2
answers
869
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-...
- 423
6
votes
1
answer
919
views
How do states sue each other?
As I understand it one of Scotus jobs is to mediate inter-state litigation. Did this happen with equal regularity over the years or was this something that happened mainly when the union was new?
Is ...
- 4,727
6
votes
1
answer
707
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 ...
- 1,579
6
votes
2
answers
1k
views
Why does the government incentivise marriage?
With the recent U.S. Supreme Court cases allowing gay marriage, and the government never stopping people from getting married who couldn't have children, the last vestiges of the "marriage is for ...
- 660
6
votes
1
answer
322
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 ...
- 387
6
votes
2
answers
442
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
5
votes
2
answers
2k
views
Could Congress create a court higher than the Supreme Court?
Could Congress create a court that could overrule SCOTUS decisions?
- 13.7k