Table of Contents
- 1 What happens when a court does not follow precedent?
- 2 Who can override a Supreme Court decision?
- 3 Can judges go against precedent?
- 4 Does the Supreme Court have to follow its own precedent?
- 5 How does Supreme Court decide which cases to hear?
- 6 Do Supreme Court decisions become law?
- 7 How does the Supreme Court punish contempt of court?
- 8 How pure is the Supreme Court?
What happens when a court does not follow precedent?
As a practical matter, judges who disagree with an ostensibly binding precedent usually reframe their case so it matches up with a more appealing line of past cases—that way they can rule how they want.
Who can override a Supreme Court decision?
The U.S. Supreme Court is the highest court in the United States. Its decisions set precedents that all other courts then follow, and no lower court can ever supersede a Supreme Court decision.
What happens when the Supreme Court violates the Constitution?
When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part.
Do courts have to follow the Supreme Court?
Courts are required to follow the decisions of higher courts in the same jurisdiction. State courts are typically bound by the decisions issued by the higher courts in that state. For example, California trial courts are bound by the opinions issued by the California courts of appeals and the California Supreme Court.
Can judges go against precedent?
If a judge acts against precedent and the case is not appealed, the decision will stand. A lower court may not rule against a binding precedent, even if the lower court feels that the precedent is unjust; the lower court may only express the hope that a higher court or the legislature will reform the rule in question.
Does the Supreme Court have to follow its own precedent?
Is the Supreme Court obliged to follow its own precedents? No. The Supreme Court’s foremost duty is to uphold the commands of the Constitution. If the Court determines that one of its prior decisions was incorrect, it must overturn this precedent.
What can you do if you disagree with a Supreme Court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court.
Can you lose constitutional rights?
Whether or not you’re a citizen, you have rights under the United States Constitution. However, if you are a non-citizen and are deportable, the Department of Homeland Security (DHS) can target you based on your political activities. CONSTITUTIONAL RIGHTS CANNOT BE SUSPENDED – EVEN DURING WARTIME.
How does Supreme Court decide which cases to hear?
The Supreme Court receives about 10,000 petitions a year. The Justices use the “Rule of Four” to decide if they will take the case. If four of the nine Justices feel the case has value, they will issue a writ of certiorari. The majority of the Supreme Court’s cases today are heard on appeal from the lower courts.
Do Supreme Court decisions become law?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
What happens when a person defies the Supreme Court orders?
When a person defies the Supreme courts orders he can be punished for Contempt of court. Article 129 of the constitution provides that the Supreme court is a Court of Record. Under this provision the Supreme court has the power to punish for contempt of court.
What are the enforcement powers of the Supreme Court?
The Supreme Court currently has no enforcement powers. The Supreme Court relies on the executive branch for enforcement of its decisions. So what happens to a state depends highly on what President is in office at that time.
How does the Supreme Court punish contempt of court?
Article 129 of the constitution provides that the Supreme court is a Court of Record. Under this provision the Supreme court has the power to punish for contempt of court. The supreme court has held that it has the power not only to punish for contempt of itself but also of high courts,subordinate courts and tribunals throughout the country.
How pure is the Supreme Court?
The Supreme Court is only as pure as the motivations and scholarship of the Justices will permit.