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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 ...
user6726's user avatar
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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 ...
Nate Eldredge's user avatar
44 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 ...
David Siegel's user avatar
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 ...
phoog's user avatar
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34 votes

Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

No, That Would not be treated as a Conflict of Interest There is precedent. The four Justices appointed by President Nixon did not recuse themselves on cases involving Nixon, including subpoenas to ...
David Siegel's user avatar
34 votes
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Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

Justice Gorsuch attempts to explain (at p. 20 of his concurrence): In the years following Bakke, this Court hewed to Justice Powell's and Justice Brennan's shared premise that Title VI and the Equal ...
Jen's user avatar
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29 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 ...
Trish's user avatar
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29 votes
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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?

Is there precedent for Supreme Court justices recusing themselves from cases when they have strong ties to groups with strong opinions on the case? Not really. Supreme Court justices decide ...
ohwilleke's user avatar
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28 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 ...
BlueDogRanch's user avatar
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27 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 ...
ohwilleke's user avatar
  • 218k
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 ...
David Siegel's user avatar
26 votes

Are legislators ever asked to explain their intent in Supreme Court cases?

Many jurists do accept that it is appropriate to attempt to ascertain the "legislative intent" as part of the exercise of statutory interpretation, but legislative intent is not an aggregate ...
Jen's user avatar
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23 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,...
zibadawa timmy's user avatar
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 ...
ohwilleke's user avatar
  • 218k
22 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 ...
David Siegel's user avatar
22 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 ...
DavePhD's user avatar
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22 votes
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On the (Equi)Potency of Each Organic Law of the United States

Does this mean that all four of the above are "equipotent"? No. The inclusion of these foundational documents in the Front Matter of the United States Code does not indicate anything ...
xngtng's user avatar
  • 6,093
21 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 ...
user6726's user avatar
  • 215k
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 ...
David Schwartz's user avatar
20 votes

Would a Trump-nominated Supreme Court justice be expected to recuse themselves from a Trump case?

There is no hard law (statutory, constitutional or SCOTUS holding) regarding "conflict of interest" for Supreme Court justices. Justices have typically recused themselves in case of ...
user6726's user avatar
  • 215k
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 ...
phoog's user avatar
  • 37.4k
17 votes

Why did CJ Roberts apply the Fourteenth Amendment to Harvard, a private school?

TL;DNR: You are right. Roberts says Harvard should lose because it violates the 14th Amendment. But he does not say the 14th Amendment applies directly to Harvard. He says Title VI and the 14th ...
Just a guy's user avatar
  • 8,418
16 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 ...
Nate Eldredge's user avatar
16 votes
Accepted

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 ...
ohwilleke's user avatar
  • 218k
16 votes
Accepted

Could one get a declaratory judgement on which parts of the Constitution *are* self-executing?

No, a U.S. federal court will not issue a free-standing declaration of constitutional meaning outside of a case or controversy. This is a jurisdictional limit. By way of comparison, Canada does ...
Jen's user avatar
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15 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 ...
Dale M's user avatar
  • 211k
15 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 ...
Jerry Coffin's user avatar
15 votes

At What Point Does a Supreme Court Ruling Become Binding on Lower Courts?

The Supreme Court's order is not official and binding until it is "delivered in open Court." See uscourts.gov, "Supreme Court Procedures." Until that point in time, the Court has ...
Jen's user avatar
  • 56.9k
14 votes

Could the Senate abolish the Supreme Court?

If the Senate took the extreme measure of attempting to abolish the Supreme Court, there's nothing in the Constitution that requires them to confirm any of the President's nominees. However, ...
Wes Sayeed's user avatar
  • 1,016
14 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 ...
user6726's user avatar
  • 215k

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