All Questions
Tagged with supreme-court judiciary
22
questions
13
votes
3
answers
2k
views
What would happen if a US circuit court consistently issued decisions contrary to recent Supreme Court precedent?
I'm imagining a US circuit court where the majority of judges were ideologically opposed to the present direction of the Supreme Court. What would happen if they begin to consistently issue rulings ...
- 233
3
votes
1
answer
404
views
Would Roe V. Wade have been overturned even without Dobbs V. Jackson triggering the Judicial Review?
I have meager knowledge of US Politics, even less of US Laws.
I am curious to know whether
The SCOTUS was actively considering overturning Roe V. Wade and Dobbs V. Jackson was just a "happy"...
- 225
12
votes
2
answers
3k
views
Does US Supreme Court Chief Justice John Roberts have recusal power over another Justice if they don't do it themself? (e.g. Clarence Thomas)
In the 2022-03-27 ABC News video Ginni Thomas texts to Meadows is a 'textbook' case for recusal: Sen. Klobuchar | ABC News after 03:24 ABC's Jonathan Karl quotes two text messages from Ginni Thomas, ...
- 17k
6
votes
2
answers
878
views
Did the US Supreme court really "exemp(t) themselves from all the ethical rules that all the other federal judges are abided by"? If so, how?
In CNN's video Toobin: Why Ginni Thomas' texts around 1/6 are problematic with the description
CNN chief legal analyst Jeffrey Toobin explains why Ginni Thomas' involvement with the events of January ...
- 17k
3
votes
1
answer
219
views
Did the US Supreme Court's recent ruling sidestep the issue of judicial review? (Whole Women's Health v. Jackson; challenge to Texas S.B. 8)
The following questions and their extensive answers cover the background of the issues well:
How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can&#...
- 17k
35
votes
6
answers
9k
views
Why are legal decisions in the US so politicized?
(Not sure if this should be on the Law.SE. I'm guessing the answer is more political than legal, hence I'm asking it here.)
Example
WILMINGTON, Del. (AP) — A difficult political atmosphere for ...
- 36k
21
votes
1
answer
5k
views
How does Germany regularly elect judges onto Federal Constitutional Court despite needing two-thirds majority vote?
In Germany, the judges on Federal Constitutional Court are elected by the federal parliament with two-thirds majority vote.
Throughout its history, the parliament was able to elect new judges without ...
- 10.5k
4
votes
1
answer
220
views
Have the salaries or benefits of members of the Constitutional Court ever been decreased in a European country?
Background
I have watched an interview with an economic analyst arguing that Romania is in a strange situation ("conflict of interest") because the Constitutional Court members are able to ...
- 53.4k
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, ...
- 2,026
5
votes
1
answer
298
views
How immune are Supreme Court justices or other high ranking judicial officials from punishment for crimes committed during their official duties?
I am aware that members of Congress have some immunities and so do the President and Vice President, but what about Supreme Court justices or federal prosecutors for example?
- 2,026
6
votes
1
answer
267
views
Can a Supreme Court justice be nominated and confirmed under two different presidents?
For example, if President Trump nominated a justice on his last day in office, could that person then be confirmed by the Senate during a Biden administration?
- 63
27
votes
6
answers
10k
views
How could the US Congress reduce the size of the US Supreme Court?
There are a number of questions regarding the motivations and effects of "packing" the supreme court in the United States of America by adding more justices of the appointer's preference. It ...
- 573
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 ...
- 26k
1
vote
0
answers
106
views
Could Ted Cruz (or another sitting senator) be appointed to be a SCOTUS justice? [duplicate]
Donald Trump made a list of possible US Supreme Court appointments if a vacancy shows up while he's in office. Two of these intrigued me: Tom Cotton and Ted Cruz.
I know this might not matter in ...
- 12.3k
5
votes
1
answer
788
views
Can John Roberts rule on whether witnesses have to testify in the impeachment inquiry?
It was ruled today that Don McGahn, the former White House counsel, needs to testify in the impeachment inquiry. Like most things, I am guessing that this will probably be appealed, and could end up ...
- 4,739