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Fri Dec 11, 2020, 02:42 PM

Correct me if I am wrong, but it seems like it used to take years for a case to come up to Supreme

Court level. Now, it seems like it takes days. Am I remembering this wrong? If I am not wrong, what is different now?

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Reply Correct me if I am wrong, but it seems like it used to take years for a case to come up to Supreme (Original post)
Ferrets are Cool Dec 2020 OP
The Velveteen Ocelot Dec 2020 #1
PoliticAverse Dec 2020 #2
hack89 Dec 2020 #3
RockRaven Dec 2020 #4
StarfishSaver Dec 2020 #5
marylandblue Dec 2020 #6
PoindexterOglethorpe Dec 2020 #7

Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:43 PM

1. It usually does take a long time because of the scheduling for cert petitions,

briefs and oral arguments in most cases, but some cases can be expedited if necessary. The Nixon tapes case went pretty fast, too, IIRC.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:43 PM

2. The Supreme Court has "original jurisdiction" in cases of disputes between states.

When time is of the essence they do expedite cases.

Also they haven't taken up this case yet, it was just placed on a list.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:44 PM

3. States can go directly to the SC for disputes with other states

And for other cases, the court system will expedite as needed when hard deadlines are involved.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:45 PM

4. The difference is that when one state sues another state, the venue for the case is SCOTUS.

Most cases that SCOTUS hears are appeals of appeals of cases heard in federal district courts, or appeals of cases from state supreme courts. Those generally take years to get to SCOTUS.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:45 PM

5. It depends on the case.

 

If the lower courts rule quickly, it can make it to the Court on a fast track.

The suit that Texas brought is different because it is filed in the Supreme Court without going through the lower courts - the Supreme Court has origin jurisdiction over cases between states.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:48 PM

6. In 2000, the election case moved quickly through all courts

Because of the hard deadlines and national significance. Same thing this year.

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Response to Ferrets are Cool (Original post)

Fri Dec 11, 2020, 02:54 PM

7. As others have pointed out, there have always, or at least in recent decades,

cases that get to the Supreme Court very quickly. Not just the ones already mentioned, but last minute appeals when an execution is looming often get to them fast.

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