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Questions tagged [supreme-court]

In most instances is the highest court in a country and isn't always called as such - for example, the High Court of Australia. If the country has multiple supreme courts, specify which one in your question. Please also tag questions with the relevant country.

1 vote
1 answer
360 views

When was the last time the US Supreme Court limited rights with a decision?

The Supreme Court has now officially overruled Roe v Wade, allowing states to restrict the rights of pregnant people. When was the last time the Supreme Court came to a decision that reduced the ...
Gramatik's user avatar
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9 votes
1 answer
555 views

How can Marbury v Madison be reconciled with what the Constitution explicitly states?

A key premise in Marbury v Madison is that the Supreme Court’s jurisdiction is clearly defined by the Constitution, and therefore a legislative act that redistributes the jurisdiction must be ...
Alex's user avatar
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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, ...
uhoh's user avatar
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1 vote
1 answer
241 views

Is US Senator Chris Murphy's bill to "subject Supreme Court Justices to... ethical code" just saber rattling? (Amy Klobuchar: "Get your act together")

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, ...
uhoh's user avatar
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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 ...
uhoh's user avatar
  • 17k
6 votes
2 answers
694 views

What US Supreme Court ruling(s) address the SEC's proposed "Scope 3 disclosure rule" that companies must state their climate change impact?

The Reuters 2022-03-22 piece U.S. SEC proposes companies disclose range of climate risks, emissions data begins: WASHINGTON, March 21 (Reuters) - The U.S. securities regulator on Monday proposed ...
uhoh's user avatar
  • 17k
-10 votes
1 answer
407 views

Fact-based arguments for and against President Biden's plan to appoint a black female to the US Supreme Court as being like Affirmative Action [closed]

Wikipedia's Affirmative Action begins: Affirmative action refers to a set of policies and practices within a government or organization seeking to include particular groups based on their gender, ...
uhoh's user avatar
  • 17k
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 ...
Evan Carroll's user avatar
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30 votes
2 answers
3k views

Can the Senate confirm a SCOTUS nominee before the seat is vacant?

The media is reporting that Justice Stephen Breyer plans to retire at the end of this year's court term. Senate Majority Leader Chuck Schumer issued the following statement regarding the confirmation ...
Panda's user avatar
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0 votes
2 answers
324 views

Does the Supreme Court have a responsibility to save lives?

Listening to the Oral Arguments in Biden v. Missouri (whether to stay the injunction against the CMS vaccine mandate), I heard a line of argument by some of the justices that seemed (to me, a ...
Alex's user avatar
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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&#...
uhoh's user avatar
  • 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 ...
Allure's user avatar
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2 votes
1 answer
539 views

How close does the Texas law that bars most abortions after six weeks come to saying 'Defendants can't assert constitutionally protected rights?'

In the CNN video Toobin: This is the most important question a justice asked CNN Chief Legal Analyst Jeffrey Toobin shares his thoughts on the Supreme Court justices' questions as they hear oral ...
uhoh's user avatar
  • 17k
5 votes
2 answers
319 views

Which are the the parts of the EU treaties that are incompatible with the Polish constitution according to Poland's highest court?

There are lots of articles related to Poland's highest court ruling that some parts of EU treaties are incompatible with the Polish constitution (example), but I cannot find the exact articles ...
Alexei's user avatar
  • 53.4k
3 votes
0 answers
198 views

Why does the current Polish government favor distancing from EU despite a rather low Euroscepticism and possible serious financial consequences?

According to Euronews, Poland’s constitutional court on Thursday ruled the country's laws had supremacy of those of the European Union. The article provides more context about the decision and a ...
Alexei's user avatar
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