Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

shockey80

(4,379 posts)
Tue May 12, 2020, 01:49 PM May 2020

If I were arguing the case before the supreme court, I would have asked this question.

Why is the supreme court taking up a case that is already settled law? This case should have made it to the supreme court. Taking up this case demeans the court.

13 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
If I were arguing the case before the supreme court, I would have asked this question. (Original Post) shockey80 May 2020 OP
Not sure to what you're referring, but elleng May 2020 #1
My understanding is the supreme Court doesn't take every case that has already been settled before uponit7771 May 2020 #3
The SCOTUS is required to hear only a handful of types of cases. Laelth May 2020 #6
Because They Want To Overturn That Precedent sfstaxprep May 2020 #2
I agree. Laelth May 2020 #4
If it is "settled law", cite the Supreme Court case. n/t PoliticAverse May 2020 #5
Jones v. Clinton Laelth May 2020 #7
U.S. vs. Nixon....ordered Nixon to turn over 'his' tapes. spanone May 2020 #11
That case concerned "executive privledge". PoliticAverse May 2020 #13
I don't think you understand the concept of settled law. onenote May 2020 #8
Nothing is settled law, as to the supreme court. Ms. Toad May 2020 #9
True. n/t Laelth May 2020 #10
I think you mean the case SHOULDN'T have made it to the supreme court. You said should. BComplex May 2020 #12

uponit7771

(90,323 posts)
3. My understanding is the supreme Court doesn't take every case that has already been settled before
Tue May 12, 2020, 01:57 PM
May 2020

... it multiple times

For instance if not going to settle the case of everyone being equal 15 times or a year

Laelth

(32,017 posts)
6. The SCOTUS is required to hear only a handful of types of cases.
Tue May 12, 2020, 02:01 PM
May 2020

This is not one that the SCOTUS was required to hear. The Court, for whatever reason, chose to hear it anyway.

-Laelth

Laelth

(32,017 posts)
4. I agree.
Tue May 12, 2020, 01:58 PM
May 2020

The Court should have allowed the earlier, Appeals Court rulings to stand.

But once the SCOTUS is in session, it’s pointless to ask why the SCOTUS decided to hear the case. The question is moot at that point.

-Laelth

Laelth

(32,017 posts)
7. Jones v. Clinton
Tue May 12, 2020, 02:03 PM
May 2020

That case held that a sitting President could be subpoenaed, forced to give a deposition, and forced to defend himself in a civil suit while acting as President.

-Laelth

onenote

(42,661 posts)
8. I don't think you understand the concept of settled law.
Tue May 12, 2020, 02:05 PM
May 2020

Which cases settled the exact questions presented in these cases

Ms. Toad

(34,055 posts)
9. Nothing is settled law, as to the supreme court.
Tue May 12, 2020, 02:09 PM
May 2020

While they generally apply stare decisis, part of the point of having a single supreme court is that the right to recognize new interpretations/understandings of the law (binding on all LOWER courts belongs to them).

After all, racial segregation was settled law at one time. So was locking Japanese Americans in internment camps. Did the court demean itself by taking up Brown v. Board of Education?

BComplex

(8,029 posts)
12. I think you mean the case SHOULDN'T have made it to the supreme court. You said should.
Tue May 12, 2020, 02:27 PM
May 2020

The court should have let the lower court's decision stand. It SHOULDN'T have taken the case.

Latest Discussions»General Discussion»If I were arguing the cas...