The impact of Gitlow v. New York caused courts to prohibit the types of speech that could be suppressed by the government. The ruling in Gitlow v. New York was thrown out in the 1930's.
Federal judge selection for the District Court, Courts of Appeals and Supreme Court are controversial because they are appointed for life during good behavior and their salaries may not be reduced during their service. These courts are called Article 3 Courts, having been created under authority of Article 3 of the Constitution. Federal judges, especially on the Supreme Court and Court of Appeals, can have a great impact on the interpretation of our laws for many years. Conservative minded Presidents and Senators want conservative minded judges just as liberal minded Presidents and Senators want liberal-minded judges. So when a conservative judge is nominated for the court and a liberal Senate has to confirm, (and vice versa) there will be controversy. There are other federal courts referred to as Article 1 courts, whose judges do not have lifetime tenure.
Yes, the US Supreme Court has authority to review US Court of Appeals Circuit Court decisions, and the party who loses has the right to petition the Supreme Court for a Writ of Certiorari (request a case review).The odds of the Court granting cert are extremely low (around .9-1.8%) because of the number of requests they receive each year. In the 2008-09 Term, the Court received in excess of 7,738 petitions, granted certiorari to fewer than 150, and rendered full opinions for only 83 of them.Bear in mind the purpose of the US Supreme Court is not necessarily to secure justice for a specific individual, but to settle questions of federal and constitutional law that have an impact on the legal rights of a large number of people.An appeal stands a greater chance of being reviewed by the Court if:The case involves a clear conflict between federal and constitutional law; and/orThe case involves a constitutional violation, particularly if the Amendment violated is part of the Bill of Rights; and/orThe decision is in contradiction to other decisions on similar cases, indicating a point of law requires interpretation or clarification to ensure consistent application; and/orThe lower court decision is in opposition to a Supreme Court decision.If the US Supreme Court denies certiorari, then the decision of the lower appeals court becomes the final decision.For more information, see Related Questions, below.
Just throwing some ideas out there... 1. An amendment to the constitution can be made if the Supreme court's decision is unpopular. (2/3 of both houses or a state convention to propose) 2. New laws can be made that kind of skirt around the rules- we all know the government can be sly. 3. The executive branch does not have to enforce the Supreme court's decision. example: even though the supreme court said that "relocating" the Native Americans was in violation of the constitution, Andrew Jackson still led on with the trail of tears.
The US Supreme Court realizes that precedent needs to be respected and considered very carefully in new decisions in order to prevent social and institutional chaos. Supreme Court decisions may form the foundation of laws or be interwoven into other cases that rely on the precedent standing. Overturning an earlier decision may have a broad impact not just on the case at bar but on policies, laws, and future cases.The overturned precedent may also have been established to prevent some form of corruption or abuse of a system (political, economic, etc.) which would then become vulnerable to manipulation.This is one of the primary reasons the legal system relies on the doctrine of Stare decisis (Latin: Stare decisis et non quieta movere), meaning "let stand what has been decided." This principle compels lower courts to base decisions on precedents set by higher courts, with final judicial interpretation resting in the hands of the Supreme Court.
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The impact of Gitlow v. New York caused courts to prohibit the types of speech that could be suppressed by the government. The ruling in Gitlow v. New York was thrown out in the 1930's.
If the US Supreme Court reverses a lower court decision on the basis of application or constitutionality of a law, it provides grounds for appeal in x-number of cases, which would make the US Court of Appeals Circuit Court docket busier, unless the Court's decision is very narrow (affecting fewer cases). Some reversals would have a more significant impact on appellate dockets than others. On the other hand, a reversal may relieve the US District Courts (trial courts) of part of their caseload if the courts are able to dismiss cases on the basis of the new decision.
The decisions showed that businesses have rights.
The United States Supreme court has the final and highest authority over all 52states, the state supreme court has the authority in the district or state it's located u.s supreme is the highest over all