#Login Register


  • 0 Vote(s) - 0 Average
Home 


Is the supreme court not the highest court in the land ?
03-25-2013, 09:02 PM #1
KILLUMINATI Made Ya Look!!
Posts:4,526 Threads:1,029 Joined:Jun 2012
Isn't the supreme court the last court that hears a case ?
03-25-2013, 09:08 PM #2
JayRodney ⓐⓛⓘⓔⓝ
Posts:30,289 Threads:1,495 Joined:Feb 2011
Basically yes, it's awfully difficult to get them to hear your case though.

wonder.gif

03-25-2013, 09:15 PM #3
KILLUMINATI Made Ya Look!!
Posts:4,526 Threads:1,029 Joined:Jun 2012
(03-25-2013, 09:08 PM)JayRodney Wrote:  Basically yes, it's awfully difficult to get them to hear your case though.


Well then the gay marriage thing they're gonna hear tomorrow is not even gonna be heard seeing as how it has not been heard in any lower court. I think the gays are gonna have this backfire in their face because it is not already a law.
03-25-2013, 10:05 PM #4
JayRodney ⓐⓛⓘⓔⓝ
Posts:30,289 Threads:1,495 Joined:Feb 2011
I wasn't even aware of that. coffeetime.gif

wonder.gif

03-25-2013, 10:14 PM #5
KILLUMINATI Made Ya Look!!
Posts:4,526 Threads:1,029 Joined:Jun 2012
(03-25-2013, 10:05 PM)JayRodney Wrote:  I wasn't even aware of that. coffeetime.gif


IDC either way, but I am just thinking from a legal POV. If something is not a law I do not see how it can go straight to the supreme court. roe v wade for example was heard in a lower court first.

http://www.washingtonpost.com/blogs/post...t-caution/
03-26-2013, 12:04 AM #6
Mister Kitters (╯°□°)╯︵ ┻━┻
Posts:511 Threads:52 Joined:Mar 2013
(03-25-2013, 09:15 PM)I⊥∀NIW∩LLIʞ Wrote:  
(03-25-2013, 09:08 PM)JayRodney Wrote:  Basically yes, it's awfully difficult to get them to hear your case though.


Well then the gay marriage thing they're gonna hear tomorrow is not even gonna be heard seeing as how it has not been heard in any lower court. I think the gays are gonna have this backfire in their face because it is not already a law.


It's about PRECEDENCE.

Basically.. if the Supreme Court rules in their favor.. no state can legally deny recognition of marriage rights of a gay couple because (in theory) if the case was tried and went up to the Supreme Court, any state ruling would be overruled by the precedence of the Supreme Court's decision.. if that makes sense.

Just because the Supreme Court is the highest court.. this is not a ladder concept.. you don't need to go up "rungs" to get there.. their main concern is to determine whether or not something is constitutional. I don't know about the case you mention.. but this is how it works..

It is the highest court in the sense that it takes precedence over all other courts.. much like if they wanted to.. they could prosecute people for marijuana possession at a federal level.. but why would they bother?

Honestly it seems as though it would just be a big fucking mess..

I question the general assumption that felines are inherently deficient in the area of grammar and sentence structure.
03-26-2013, 01:37 AM #7
KILLUMINATI Made Ya Look!!
Posts:4,526 Threads:1,029 Joined:Jun 2012
(03-26-2013, 12:04 AM)Mister Kitters Wrote:  
(03-25-2013, 09:15 PM)I⊥∀NIW∩LLIʞ Wrote:  
(03-25-2013, 09:08 PM)JayRodney Wrote:  Basically yes, it's awfully difficult to get them to hear your case though.


Well then the gay marriage thing they're gonna hear tomorrow is not even gonna be heard seeing as how it has not been heard in any lower court. I think the gays are gonna have this backfire in their face because it is not already a law.


It's about PRECEDENCE.

Basically.. if the Supreme Court rules in their favor.. no state can legally deny recognition of marriage rights of a gay couple because (in theory) if the case was tried and went up to the Supreme Court, any state ruling would be overruled by the precedence of the Supreme Court's decision.. if that makes sense.

Just because the Supreme Court is the highest court.. this is not a ladder concept.. you don't need to go up "rungs" to get there.. their main concern is to determine whether or not something is constitutional. I don't know about the case you mention.. but this is how it works..

It is the highest court in the sense that it takes precedence over all other courts.. much like if they wanted to.. they could prosecute people for marijuana possession at a federal level.. but why would they bother?

Honestly it seems as though it would just be a big fucking mess..


thx that cleared that up

here

[Image: tumblr_m97eecYBtu1rxlmf0o1_500.gif]
JollyRoger Show this Post
03-26-2013, 04:45 AM #8
JollyRoger Incognito
 
The highest Court in the Land is Congress.
JollyRoger Show this Post
03-26-2013, 04:48 AM #9
JollyRoger Incognito
 
(03-25-2013, 09:15 PM)I⊥∀NIW∩LLIʞ Wrote:  
(03-25-2013, 09:08 PM)JayRodney Wrote:  Basically yes, it's awfully difficult to get them to hear your case though.


Well then the gay marriage thing they're gonna hear tomorrow is not even gonna be heard seeing as how it has not been heard in any lower court. I think the gays are gonna have this backfire in their face because it is not already a law.


I'm not sure what this homo marriage thing is all about, but if it is the focus of a Federal law, then they HAVE to hear it. If not, then they may dismiss it. If they allow it and they weren't supposed to, that would set a precedent to allow similar, non Jurisdictional cases. They can't allow that. it's possible the motion will be denied for a hearing or they will hear the opening statements and then decide if there is a case to pursue under their jurisdiction. (Pre-Trial hearing)

At least that's how I understand it....
03-26-2013, 05:21 AM #10
KILLUMINATI Made Ya Look!!
Posts:4,526 Threads:1,029 Joined:Jun 2012
(03-26-2013, 04:48 AM)JollyRoger Wrote:  
(03-25-2013, 09:15 PM)I⊥∀NIW∩LLIʞ Wrote:  
(03-25-2013, 09:08 PM)JayRodney Wrote:  Basically yes, it's awfully difficult to get them to hear your case though.


Well then the gay marriage thing they're gonna hear tomorrow is not even gonna be heard seeing as how it has not been heard in any lower court. I think the gays are gonna have this backfire in their face because it is not already a law.


I'm not sure what this homo marriage thing is all about, but if it is the focus of a Federal law, then they HAVE to hear it. If not, then they may dismiss it. If they allow it and they weren't supposed to, that would set a precedent to allow similar, non Jurisdictional cases. They can't allow that. it's possible the motion will be denied for a hearing or they will hear the opening statements and then decide if there is a case to pursue under their jurisdiction. (Pre-Trial hearing)

At least that's how I understand it....


Thats kinda what I was thinking. I did not think they can just take a case straight to the supreme court because everyone would do that for just about anything.
JollyRoger Show this Post
03-26-2013, 05:27 AM #11
JollyRoger Incognito
 
Motion to show cause, I guess you could say...



Home 





Copyright © 2011 - 2020 kritterbox.com