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Can US Supreme Court decisions be appealed to state Supreme Courts?
Wiki User
∙ 13y ago
The Supreme Court rules allow 25 days after the opinion is released during which either party may request a rehearing (from the Supreme Court) on the decision. Rehearings are seldom granted without a compelling reason.
Wiki User
∙ 8y ago
Wiki User
∙ 14y agoThe President of the United States does not have the power to make Supreme Court decisions, nor does Congress.
For more information about Congress' and the President's interaction with the Supreme Court, see Related Questions, below.
Wiki User
∙ 14y agoNo. Although no formal law prohibits the Court from advising the President, the reasoning behind this traditional prohibition was illustrated in a set of letters exchanged between the first Chief Justice, John Jay, and Secretary of State Thomas Jefferson, who was writing to the court at President Washington's request, in July 1793.
Washington inquired whether he could ask the Supreme Court for advice on the construction of treaties with other countries because he felt their legal knowledge would be advantageous to negotiation. John Jay replied that he regretted having to say no, but he believed it would be inappropriate for the Supreme Court to advise the President on matters constitutionally assigned to the Executive branch, and would violate the intentionally designed system of checks and balances.
You can read the text of the letters below:
THOMAS JEFFERSON
TO CHIEF JUSTICE JAY AND ASSOCIATE JUSTICES
PHILADELPHIA July 18 1793
GENTLEMEN The war which has taken place among the powers of Europe produces frequent transactions within our ports and limits on which questions arise of considerable difficulty and of greater importance to the peace of the United States These questions depend for their solution on the construction of our treaties on the laws of nature and nations and on the laws of the land and are often presented under circumstances which do not give a cognizance of them to the tribunals of the country Yet their decision is so little analogous to the ordinary functions of the executive as to occasion much embarrassment and difficulty to them The President therefore would be much relieved if he found himself free to refer questions of this description to the opinions of the judges of the Supreme Court of the United States whose knowledge of the subject would secure us against errors dangerous to the peace of the United States and their authority insure the respect of all parties He has therefore asked the attendance of such of the judges as could be collected in time for the occasion to know in the first place their opinion whether the public may with propriety be availed of their advice on these questions And if they may to present for their advice the abstract questions which have already occurred or may soon occur from which they will themselves strike out such as any circumstances might in their opinion forbid them to pronounce on I have the honour to be with sentiments of the most perfect respect gentlemen Your most obedient and humble servant.
THOS JEFFERSON
CHIEF-JUSTICE JAY AND ASSOCIATE JUSTICES
TO PRESIDENT WASHINGTON
PHILADELPHIA 8th August 1793
SIR:
We have considered the previous question stated in a letter written by your direction to us by the Secretary of State on the 18th of last month regarding the lines of separation drawn by the Constitution between the three departments of the government These being in certain respects checks upon each other and our being judges of a court in the last resort are considerations which afford strong arguments against the propriety of our extra judicially deciding the questions alluded to especially as the power given by the Constitution to the President of calling on the heads of departments for opinions seems to have been purposely as well as expressly united to the executive departments We exceedingly regret every event that may cause embarrassment to your administration but we derive consolation from the reflection that your judgment will discern what is right and that your usual prudence decision and firmness will surmount every obstacle to the preservation of the rights peace and dignity of the United States We have the honour to be with perfect respect sir your most obedient and most humble servants.
Wiki User
∙ 13y agoNo. US Supreme Court decisions are final unlessCongress and the States ratify an amendment that effectively changes the Court's ability to rule on certain issues; or the Court agrees to a rehearing based on new information; or (more common), a later Supreme Court may have a different constitutional interpretation than an earlier court, resulting in a decision on a new case that changes nullifies laws or changes how they are applied.
Once common example is the case of Brown v. Board of Education, (1954), ended segregation allowed n public schools under the doctrine of "separate but equal" that arose from the an earlier Court's decision that the practice of racial segregation was constitutional as long as the accommodations were equal (they weren't).
Wiki User
∙ 16y agoNo. Their word is final unless the Constitution is amended.
Wiki User
∙ 13y agoNo. The US Supreme Court is the final appellate court for cases heard under its jurisdiction; their authority supersedes that of the state supreme courts.
Wiki User
∙ 7y agoWho would you appeal a ruling TO? The Supreme Court is the highest court- a case that reaches them has reached the top. They have the final say in any case they choose to hear.
Wiki User
∙ 12y agoNo.
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Do appeal courts hear cases on appeal from lower court decisions?
Yes, appeals courts hear cases that are being appealed from lower court decisions. That's what they are for.
Is the supreme court the highest law in the land and is apart of the legislative branch?
pretty sure it is, its a part of the judicial branch The Supreme Court is not the highest law in the land; the Constitution is. The Supreme Court interprets the Constitution. The Supreme Court is the final appeals court; decisions made by it are final. But these decisions still represent the interpretation of the court, and such decisions can theoretically be overturned by the same or future courts.
Identify the main responsibilities of the court of appeals and the state supreme court?
The state Courts of Appeal review and render decisions on cases appealed to them from the lower circuits of the state court system. No actual jury trials are held at this level, they simply review the cases for legal sufficiency and render a verdict either affirming them or remanding them back to the lower courts for re-trial. State Supreme Courts hear all cases which have been appealed past the circuit court and appelate levels and - like the appeals court - no jury trials are held in front of them either although the opposing lawyers for both sides can appear and deliver their respective arguments. Cases appealed to the state Supreme Court have reached their highest level at this point and the State Supreme Court's decision is final and binding. Cases can move out of the state courts system into the Federal court system ONLY if the case involves or contains some over-riding interest in, or conflict with, Federal law.
What courts does the US Supreme Court rule over?
Decisions of the US Supreme Court affect the rulings and procedures of EVERY other court in the country, right down to the municipal level.
Can a Supreme Court decision be appealed?
The Supreme Court's ruling is final and cannot be appealed. The United States Supreme Court consists of the Chief Justice of the United States and eight associate justices.
What branch of government have some decisions appealed in US Supreme Court?
Decisions by all three branches of government can be appealed to the US Supreme Court.
Are Texas trial courts decisions binding on the Texas Supreme Court?
No. The decisions of the Texas Supreme Court are binding on trial courts in Texas. That is why it is called the Supreme Court.
Can decisions of state courts of limited jurisdiction ever be appealed to state courts of general jurisdiction?
No, but they CAN be appealed to the State Court of Appeals.
Why can court decisions be appealed?
In brief, yes a court decision can be appealed. In some cases appeals have reached the Supreme Court level.
How are cases appealed to the supreme court in the federal judicial sytem?
The Supreme Court is the highest of the federal courts. Cases from the court of appeals in each circuit and from the state supreme courts can be appealed to the Supreme Court. The Supreme Court can "reach down" to the lower courts and hear that case, or, it can hear a case on appeal from the lower federal courts or highest state courts, at the Supreme Court's discretion.
Can court decisions be appealed?
Many can- IF you have grounds for an appeal. Having grounds for an appeal does NOT mean that you just did not like the decision, but that the court made an error. The decision of a few courts, like the US Supreme Court, cannot be appealed. They are the final word.
What decisions of the united tax court may be appealed?
the federal courts of appeal
Do appeal courts hear cases on appeal from lower court decisions?
Yes, appeals courts hear cases that are being appealed from lower court decisions. That's what they are for.
Which branch overrule decisions made by lower courts?
In the U.S. there are two court systems, one at the federal level, and each state has its own courts. Federal cases that originated in lower courts can be appealed to higher federal courts that handle appeals. The highest court of appeals in the federal system is the United States Supreme Court. It is rare for cases to ever actually go this far. Each state is free to create its own court system, but most simply copy the federal system. Decisions by local courts may be appealed to that state's higher courts, often called a superior court or state supreme court.
What does the term inferior court mean?
It refers to any court which is lower in jurisdiction to another couirt. For instance: Courts of original jurisdiction are "inferior" to Appelate Courts. Appelate Courts are "inferior" to the Supreme Court.
Where does a case go after the state Court of Appeals?
The trial phase ends at the US District Court level (or equivalent state trial court). Appeals to the federal US Court of Appeals Circuit Courts (or intermediate state appellate courts) are based on questions of process, law or constitutionality. The case is not retried; appellate courts do not render decisions about the defendants' guilt or innocence.After the intermediate appellate courts, federal cases may be petitioned to the US Supreme Court; state cases may be appealed to the state supreme court (or equivalent). If a state case involves a preserved federal question (matter or federal or constitutional law) it may be appealed to the US Supreme Court after the state supreme court hears or denies hearing on the case.Both the US Supreme Court and state supreme courts (or equivalent) have discretion over which cases they hear (although state supreme courts may have mandatory jurisdiction over certain cases, such as death penalty cases).
Is the Supreme Court's power to review the decisions of lower courts called inferior jurisdiction?
No, the Supreme Court reviews decisions of lower (inferior) courts under its appellate jurisdiction.
