US Supreme Court

What happens when the US Supreme Court overturns a decision made by a lower court?


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2009-10-10 00:21:02
2009-10-10 00:21:02

The Supreme Court's decision becomes the rule of law, and the case may be remanded (returned) to the lower court for disposition.

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when an appellate court overturns the decision of lower court

There are only two ways in which a decision can be overruled:The Court can change it's own decision or make a different constitutional interpretation in a later decision. (the Court itself)Congress and/or the States can ratify a constitutional amendment that effectively overturns a Supreme Court decision (or precedent). (Congress and the States, working together).

It is nullified and can no longer be applied. Congress sometimes rewrites laws the Court has declared unconstitutional and passes them in a form more acceptable to the Supreme Court.

the lower court's decision stands unless there is a majority of the Supreme Court in favor of overturning it.

In most cases a Supreme Court decision is permanent. The current Supreme Court can change the decision of a previous Supreme Court.

can another court change the decision of a Supreme Court case

The Supreme Court can rule that a law is unconstitutional, and since the constitution takes precedence over other laws, that effectively overturns it.

The only court that can overturn a Supreme court decision is the Supreme court itself. The Supreme court is the highest ruling court in the United States of America.

The official decision of the Supreme Court is known as an opinion. Rulings by the US Supreme Court cannot be appealed by a higher court.

If the US Supreme Court agrees with the lower court ruling, the decision is "affirmed," and becomes legally final (res judicata).

Not by himself. The Chief Justice has different responsibilities from the Associate Justices, but has no more voting power than they do. In order to reach a decision on any case, including one that overturns a previous US Supreme Court ruling, a simple majority of the Justices must agree on a verdict.

Since you didn't say WHICH Supreme Court decision, there is no way to answer the question.

No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.

He can't. They have the final say in an issue.

Congress cannot change a supreme court decision. They can only implement new legislation which the court can continue to rule on. To change the basis of a supreme court decision, the constitution needs to be changed.

supreme court's decision is the fynal decision. supreme court can ineterpret the law. supreme court hav a right to punish the personif he/she breaks the law.

The only court that can overturn a Supreme court decision is the Supreme court itself.

There is NO appeal from a decision of the US Supreme Court, their word is the final word on the interpretion and meaning of the law.

Because the supreme court is the highest ranking court.

The decision made by the Supreme Court is final.

You could appeal to the Supreme Court for a rehearing within 30 days of the decision, if you have new information or evidence to support your case; otherwise, the decision of the Court is final. In any given case, one side is satisfied and the other is not.

The US Supreme Court's official decision is known as the "opinion" of the Court.

The Supreme Court must have a simple majority to render a decision in a case.

Supreme court decisions are considered the final say in legal affairs. However, they can be and often are overturned upon subsequent reviews by congress, the court, etc. This typically only happens after time dictates a Supreme Court Decision is no longer relevant or it could possibly be unconstitutional.

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