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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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5 answers
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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 ...
WBT's user avatar
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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?
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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 ...
brainchild's user avatar
6 votes
8 answers
4k 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 ...
WBT's user avatar
  • 4,878
2 votes
2 answers
654 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. ...
user5503's user avatar
1 vote
1 answer
193 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 ...
kisspuska's user avatar
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1 vote
1 answer
269 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 ...
S.O.S's user avatar
  • 601
1 vote
3 answers
309 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 ...
Neil Meyer'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
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,...
David Siegel's user avatar
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. ...
user avatar
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 ...
scubaFun's user avatar
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7 votes
2 answers
635 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
  • 638
6 votes
2 answers
490 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 ...
KeithS's user avatar
  • 199
3 votes
1 answer
180 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 ...
S.O.S's user avatar
  • 601
2 votes
1 answer
668 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 ...
aparente001's user avatar
2 votes
1 answer
671 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 ...
scubaFun's user avatar
  • 553
1 vote
1 answer
284 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 ...
BCLC's user avatar
  • 921
1 vote
2 answers
316 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 ...
David Siegel's user avatar
-3 votes
2 answers
244 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 ...
R-Obsessive's user avatar
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