I’m not saying you’re wrong but a tie vote that sends things back to the lower court is a bad idea? It has the same effect as the court not taking up the case or one justice recuses. Not to mention Chief Justice Roberts’ apparent discomfort with 5-4 decisions to be setting precedence.
Ya think? (10 characters)
Thank you. So is it fair to say expanding the SC to 9 is/was a progressive win?
In theory the 10th Amendment alone should limit the number of cases brought before the SC.
Article 3 Section 2 of the Constitution gives the Supreme Court (and by extension, as I understand it Federal courts) jurisdiction thusly:
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;–to all Cases affecting Ambassadors, other public Ministers and Consuls;–to all Cases of admiralty and maritime Jurisdiction;–to Controversies to which the United States shall be a Party;–to Controversies between two or more States;– between a State and Citizens of another State,–between Citizens of different States,–between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.”
So the way I read it, the Supreme Court’s jurisdiction is technically extremely broad, and I don’t think the 10th Amendment limits that jurisdiction.
Do you think they used this article to overturn the Florida Gore vs Bush decision? Just asking.
I would imagine so. Why each state is responsible for choosing the electoral college, the electoral college itself is a Federal institution, so would almost certainly fall under SCOTUS jurisdiction.
The only area that I don’t think would fall under SCOTUS jurisdiction would be state level civil suits where all parties are resident of the state, or I suppose any sort of an appeal of a ruling made on a state constitution (not sure about the latter).
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