53 votes

Will SCOTUS be forced to rule on birthright citizenship soon?

Probably not, because there is no legal case or controversy, and the law is clear enough. In US v. Wong Kim Ark, 169 U.S. 649, SCOTUS held that A child born in the United States, of parents of ...
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  • 165k
49 votes
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Will SCOTUS be forced to rule on birthright citizenship soon?

I think it's quite unlikely that this will lead to a Supreme Court decision on the question of birthright citizenship in general. Consider what would have to happen to get to that point: Someone ...
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45 votes

What happens to Donald Trump if he refuses to turn over his financial records?

According to this Washington Post story: Vance is seeking the records from Trump’s longtime accounting firm, Mazars. Thus Trump himself will not be able to refuse to provide the tax return ...
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  • 97.1k
39 votes

Will SCOTUS be forced to rule on birthright citizenship soon?

No. The circumstances of Kamala Harris's birth fall squarely within the terms of United States v. Wong Kim Ark. As described in the other answer, the fact that Wong's parents had a permanent ...
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  • 25.2k
29 votes

What happens to Donald Trump if he refuses to turn over his financial records?

The recent SCOTUS ruling on the ability of the Manhattan DA's office to enforce their subpoena applies to the accounting firm Mazars (who has copies of the tax returns and acts as Trump's agent in ...
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  • 17.6k
28 votes
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Why did the Supreme Court vacate the ruling that Trump could not block Twitter users?

The case was appealed and taken by SCOTUS. Then the case became moot: Trump was banned from Twitter for life, his account permanently suspended. As the Twitter account that was the core of the ...
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  • 16k
26 votes

When an old Supreme Court ruling is overturned by a new one, how is this explained philosophically?

The Supreme Court is infallible only in that their rulings are unchallengable, at least through any judicial process. Dissents often explain how the dissenter thinks a decision is not only wrong, but ...
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  • 97.1k
26 votes

Does the Supreme Court simply rubberstamp the prevailing social consensus?

Does the Supreme Court simply rubberstamp the prevailing social consensus? No. Structurally, The Supreme Court Is Designed To Lag Behind Social Consensus U.S. Supreme Court justices are political ...
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  • 139k
23 votes
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What happens when the opinion of the Court misrepresents the facts of the case?

What are the legal consequences of substantive factual errors in an opinion? None. I assume that this specific ruling is not affected in any way by the text of the opinion? Correct. I assume that ...
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  • 139k
22 votes
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Have draft SCOTUS opinions been leaked before?

Politico, who published this most recent leak, also has an article about prior SOCTUS leaks. Most of them were very minor or speculative, along the lines of the following two examples given: In 1972,...
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21 votes
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Are children allowed to pray at goverment schools?

This is roughly accurate, but there are nuances. The real US issue with teacher-led prayer is that a teacher's authority can make it effectively coercive, or seem so, even if this is not intended by ...
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  • 97.1k
20 votes

Why did the Supreme Court vacate the ruling that Trump could not block Twitter users?

The Supreme Court has a lot of things they can do in theory, but in reality, there are only two options the Court likely considered: One was to simply dismiss the writ of certiorari as improvidently ...
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20 votes

How willing is the US Supreme Court to declare itself wrong?

As for SCOTUS being willing to overrule itself, here is a table of such cases, starting with Hudson v. Guestier 10 U.S. (6 Cr.) 281 (1810) which overturned Rose v. Himely, 8 U.S. (4 Cr.) 241 (1808) up ...
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  • 165k
20 votes

Could the right to "life" in the constitution be used by the supreme court to reject a federal law forbidding abortion bans?

The 5th amendment of the US constitution reads: No person shall ... be deprived of life ... without due process of law and the 14th amendment reads: ... nor shall any State deprive any person of ...
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  • 1,174
19 votes

What did Colorado say in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission that Kennedy found to be "neither tolerant or respectful"?

See section II B of the opinion. On page 13: On July 25, 2014, the Commission met again. This meeting, too, was conducted in public and on the record. On this occasion another commissioner made ...
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  • 25.2k
16 votes
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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?

No. The original jurisdiction of the U.S. Supreme Court for disputes between states applies only to disputes between the state entities themselves, not suits on behalf of their citizens. Something ...
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  • 139k
15 votes

Why does the United States Supreme Court oppose cameras, when Australia's, Canada's, and UK's have permitted them?

It's complicated. Rule 53 states Except as otherwise provided by a statute or these rules, the court must not permit the taking of photographs in the courtroom during judicial proceedings or the ...
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  • 2,861
15 votes

Can US Supreme Court justices / judges be "rotated" out against their will?

I will only address this part of the question: Who would be able to authoritatively decide the constitutionality of such a question, with all Supreme Court justices having clear conflict of ...
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14 votes
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Could Congress create a court higher than the Supreme Court?

No The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. Any courts the Congress ...
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  • 157k
14 votes

Could the right to "life" in the constitution be used by the supreme court to reject a federal law forbidding abortion bans?

I don't think its unreasonable that the supreme court gets to decide at what stage a human counts as a "life" I do think it's unreasonable. In fact, it would be a prime example of what's ...
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13 votes
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Can a Supreme Court Justice be recalled?

SCOTUS Justice Samuel Chase was impeached though not convicted by the Senate. Here is a list of federal judges investigated for impeachment, and a list of federal officials impeached. The first ...
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  • 165k
13 votes

How willing is the US Supreme Court to declare itself wrong?

Less than 1% of the time From this article: In my forthcoming book, “Constitutional Precedent in Supreme Court Reasoning,” I point out that from 1789 to 2020 there were 25,544 Supreme Court opinions ...
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  • 157k
13 votes
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What happens if a Supreme Court member dies before a decision is announced?

This was asked and answered by KPD on the Politics stackexchange. This issue came up in a decision from an appeals court, with a judge dying before the opinion was released, leading to the following ...
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13 votes

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?

I don't know of any actual case where one state sued another on behalf of its citizens. I incline to doubt whether West Lumbago would have standing to bring such a case. Normally the person (natural ...
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  • 97.1k
12 votes
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Has there been any case on which all justices of the US Supreme Court disagreed?

In the case New York Times Co. v. United States, the court issued a brief per curiam opinion basically saying that the NYT won, and then each justice wrote a separate concurrence or dissent. A few ...
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  • 1,888
11 votes
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Source of Supreme Court's authority to overrule prior Supreme Court decisions

If the Supreme Court is the final authority The Supreme court is not the final authority. The Supreme Court is the court of last resort, but that does not prevent its case law from possibly being ...
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11 votes
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Is litigation required for SCOTUS to judge the constitutionality of an issue?

The Supreme Court does not handle hypotheticals. The court has interpreted Article III Section 2 Clause 1 of the Constitution, the Case or Controversy Clause as a limit on the powers of the judicial ...
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