All Questions
Tagged with supreme-court history
13
questions
1
vote
1
answer
388
views
What did Chief Justice Chase mean by "consent of the States" in Texas v. White (1869)?
In the 1869 case of Texas v. White, the US Supreme Court ruled that states did not have the constitutional right to unilaterally secede from the Union. Writing for the majority opinion, Chief Justice ...
0
votes
0
answers
94
views
Has the US Department of Justice ever been so quick to disagree with SCOTUS?
Within a very short time after the US SCOTUS struck down the New York gun laws, the US Department of justice has come out against the decision.
Has the Department of Justice ever been this quick to ...
16
votes
2
answers
5k
views
When was the last time, if ever, a Supreme Court justice was appointed without prior experience as a judge?
With speculation of Kamala Harris getting pushed into the Supreme Court, I'm wondering when if ever something like this has happened before. Has anyone ever been appointed to the Supreme Court without ...
5
votes
1
answer
241
views
What did the Framers of the Constitution have to say about court packing?
Trump has repeatedly said that Biden wants to pack the courts, this likely wouldn’t work because of the Senate filibuster. Although hard, if one party were able to obtain 60 seats in the Senate, ...
28
votes
5
answers
5k
views
The politicization of the supreme court
It seems that both the Republican and Democratic parties look at the appointment of a Supreme Court Justice as a political move. Optimally, a judge has no part in politics. Their personal opinion ...
35
votes
6
answers
5k
views
In the United States, why aren't both legislative chambers involved in the Supreme Court confirmation process?
I'm following the situation around the recent Supreme Court vacancy left by the passing of Justice Ruth Bader Ginsburg. As a non-American, what's strange to me is that confirming a new SCOTUS Justice ...
34
votes
5
answers
8k
views
Why is changing the size of the Supreme Court considered dangerous today, when it has been done in the past?
Recently, there has been a lot of talk about "court packing", the process of increasing the size of the Supreme Court, thereby creating openings to be filled with new justices. A common ...
12
votes
3
answers
5k
views
Is there historical precedent for the US Senate to confirm a SCOTUS nominee from a POTUS of their own party in an election year?
There is debate over whether it is right for Donald Trump to try to replace Ruth Bader Ginsburg on the SCOTUS now, because the election is coming up. Republican Senator Mitt Romney said he will still ...
10
votes
2
answers
893
views
Why Is The U.S. Supreme Court Reviewing So Few Cases On The Merits?
The U.S. Supreme Court in recent years has been deciding fewer cases on the merits than it has at any time since the end of the U.S. Civil War.
(Source)
Yet, the volume of cases eligible for its ...
1
vote
1
answer
162
views
What did Ted Kennedy mean when he referred to "the muck of Irangate" and "the muck of Watergate"?
After Robert Bork's nomination as a Supreme Court justice, Sen. Ted Kennedy took the floor and declared:
Robert Bork's America is a land in which women would be forced into
back-alley abortions, ...
8
votes
3
answers
928
views
Why does the US Supreme Court work this way?
Sorry for the non-descriptive title, but while I was typing a more descriptive one I realized it was going to be overly long.
My understanding of the USSC appointments is that
they are for life
only ...
1
vote
1
answer
114
views
Regarding critics towards the New Deal
I am a Danish student writing a paper on the Great Depression, and the political initiatives after the crash focusing on the New Deal. But I've had a problem finding sources of prominent people (With ...
19
votes
1
answer
864
views
How applicable is the "Biden rule" to McConnell's arguments?
Mitch McConnell recently cited the "Biden rule" as justification for rejecting a SCOTUS nomination.
What are the parallels between the current situation, and the situation when Biden made the cited ...