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The Supreme Court decision Roe v. Wade addressed the issue of abortion and established the constitutional right to privacy, which includes a woman's right to have an abortion. This landmark decision legalized abortion nationwide and prohibited states from banning or significantly restricting access to abortion.
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Can the US Supreme Court overrule a state supreme court's decision?
Yes, the US Supreme Court has the authority to overrule a state supreme court's decision if it involves a federal law or constitutional issue.
If a county court in Illinois is deciding a case involving an issue that has never been addressed before in Illinois is the Illinois court obligated to follow Iowa Supreme court decision?
No, states are not obligated to follow other states legal decisions; however, the decisions may carry persuasive weight with the court, assuming (for example) the Iowa Supreme Court ruling doesn't violate the Illinois state constitution or statutes.If Iowa is is the only other state court system that has addressed this PARTICULAR issue then the decision of Iowa's Supreme Court can be used as "precedent" for the Illinois court to follow. If there are other states that have addressed this PARTICULAR issue and they have either agreed with, or disagreed with, the Iowa court's findings, those decisions should be also be taken into account when the Illinois court considers the issue.
When a lower court decision is appealed to the supreme court what will most likely happen?
Depends on the issue. The Supreme Court can send it back to the lower court, not hear it, or they can hear it.
How can Congress overturn a Supreme Court decision?
Congress can overturn a Supreme Court decision by passing a new law that directly addresses the issue ruled upon by the Court. This law must be signed by the President to take effect and can effectively nullify the Court's decision.
What can the judicial branch do to check the power of the legislative branch?
they can issue a supreme court decision
Which supreme court case is correctly paired with the constitutional issue it addressed?
Gibbons v. Ogden -- interstate commerce
What happens when president goes against supreme court decision?
He can't. They have the final say in an issue.
Must Arkansas trial court follow a decision of the US supreme court concerning an issue of federal law?
yes
What is the decision the Supreme Court makes on an issue?
The Supreme Court of the United States decides the constitutionality (whether it follows the Constitution) of any law that is part of a case being reviewed under their appellate jurisdiction. The decision of the Supreme Court is final.
How do you successfully overturn a Supreme Court decision?
To successfully overturn a Supreme Court decision, one must either pass a constitutional amendment or have the Court itself reconsider the case and issue a new decision. This can be a complex and lengthy process that requires legal expertise and strategic planning.
When the supreme court decides an issue who are obligated to abide by the court's decision?
all courts in every country with a common law tradition
What affect does the supreme court's refusal to issue a writ of certiorari have on lower court's decisions?
The lower court decision from the highest court that reviewed the case becomes final and legally binding.
