General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt is time for the Supreme Court to act...
Here's the deal: Every court in the United States is part of a chain of courts. For instance, in Idaho we have Small Claims Court, Magistrate's Court, District Court, the Court of Appeals and the State Supreme Court. Those courts feed into the federal district courts, which feed into the Supreme Court of the United States. A court has jurisdiction over every court under it...so, if the Idaho Court of Appeals makes a ruling, it is binding on all the courts below it but not on the state supreme court.
Would it be possible for the Supreme Court of the United States to announce that it has found no evidence of election fraud sufficient to nullify Biden's win over Trump, and order every court in the land to stop accepting election fraud cases concerning the Trump-Biden contest?
Make7
(8,543 posts)Cases work their way up to the Supreme Court they do not start there (typically).
Klaralven
(7,510 posts)exboyfil
(17,865 posts)the Court of original jurisdiction (like the Texas AG tried to make them be in the stupid lawsuit).
This lawyer explains it pretty well. I am just parroting his words. He mentions water rights between states as being one example where it starts with the Supreme Court.
The Velveteen Ocelot
(115,782 posts)They come up only every few years. Almost all other cases are accepted for discretionary review, and the court accepts only between 100 and 150 of the 7,000 petitions for certiorari it receives every year.
exboyfil
(17,865 posts)in those rare cases. It is just not appropriate in this case.
The Velveteen Ocelot
(115,782 posts)and they follow the Federal Rules of Civil Procedure and the Federal Rules of Evidence (though they are not as strictly bound by them as a federal district court). But obviously they are not going to hear any state vs. state election case, so any such case will have to come up through the federal court system and be granted a hearing via a cert petition - which will not happen. Even if it did, the court would not hear evidence but would decide only legal issues.
StarfishSaver
(18,486 posts)It hears evidence and rules based only on what's in the record.
exboyfil
(17,865 posts)In original jurisdiction cases, they oversee investigation as well by assigning a special master. Here is one example.
https://www.natlawreview.com/article/supreme-court-s-2020-2021-preview-interstate-water-rights#:~:text=The%20Court%2Dassigned%20Special%20Master,issue%20on%2020%20May%202020.&text=Significantly%2C%20the%20Supreme%20Court%20has,qualify%20as%20an%20interstate%20resource.
The Court-assigned Special Master, which is essentially an interstate water brawl mediator, held an evidentiary hearing on this issue on 20 May 2020. The Special Master has not yet issued his report, but either way, the findings will be reviewed by the Supreme Court. Significantly, the Supreme Court has never decided whether groundwater can qualify as an interstate resource.
https://en.wikipedia.org/wiki/Special_master
The US Supreme Court will normally assign original jurisdiction disputes (cases such as disputes between states that are first heard at the Supreme Court level) to a special master to conduct what amounts to a trial: the taking of evidence and a ruling. The Supreme Court can then assess the master's ruling much as a normal appeals court would, rather than conduct the trial itself. That is necessary as trials in the US almost always involve live testimony, and it would be too unwieldy for nine justices to rule on evidentiary objections in real time.
StarfishSaver
(18,486 posts)The Special Master essentially acts as a trial judge, i.e., rules on the admissibility of evidence, takes sworn testimony, etc. She or he then submits a Special Master Report to the Supreme Court, which reviews the report much as an appeals court reviews a trial court's decision and decides whether to accept the report or listen to further arguments related to the case. But the Special Master doesn't conduct an investigation - it only considers evidence submitted to it as in a trial.
AmericanCanuck
(1,102 posts)It needs to have a case before it to make a ruling and the ruling is case-by-case.
The Velveteen Ocelot
(115,782 posts)There has to be a specific case before it that has made its way through the lower courts, and which the court has agreed to hear. State courts do not feed into the federal courts; they are an entirely different system, and the Supreme Court might hear cases decided by a state's highest court only when that state court has decided a constitutional issue (a rare occurrence). Also, even if the Supreme Court did accept an appeal of any of these election cases, it will not issue any decision to the effect that it has found no evidence of election fraud because it's an appellate court, and appellate courts don't rule on evidence. Their sole function is to decide whether a lower court made a mistake of law. There is no conceivable circumstance under which the Supreme Court could or would order all of the lower courts to stop hearing any of the election cases.
JI7
(89,259 posts)Deuxcents
(16,285 posts)Is..when do the courts say these lawsuits are not worthy of consideration and shut this down? Is it their responsibility to do that to protect the constitution and citizens?
The Velveteen Ocelot
(115,782 posts)But there is no single court that has jurisdiction over all of them; they have to be evaluated one at a time by the court that has jurisdiction. In most cases that's a state court because each state has its own election laws. They end up in a federal court only because the Trumpers sometimes try to allege some violation of the Constitution or of federal law (the federal courts have limited jurisdiction - there has to be a substantial federal question). Trump always loses but because there is no court that can rule on their stupid cases all at once, it's a constant game of whack-a-mole.
Hermit-The-Prog
(33,380 posts)Just give me time to hide, first. She might come after me next for some forgotten transgression.
The Velveteen Ocelot
(115,782 posts)Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?
Roper: Yes, I'd cut down every law in England to do that!
More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then? Yes, I'd give the Devil benefit of law, for my own safety's sake!
― Robert Bolt, A Man for All Seasons
Hermit-The-Prog
(33,380 posts)StarfishSaver
(18,486 posts)brooklynite
(94,657 posts)It only has the evidence presented to in the two Court cases its reviewed.