Yes, they can.
However, if the decision involves a question of federal or constitutional law and the case is petitioned to the US Supreme Court for a writ of certiorari, and if the U.S. Supreme Court grants certiorari, and if the U.S. Supreme Court rules differently from the state supreme court, the state is bound by the U.S. Supreme Court decision under the doctrine of Stare decisis, which is abbreviated from a Latin phrase that means "let the decision stand."
Yes, but only if the case has been appealed to the US Supreme Court and falls under the Court's appellate jurisdiction and includes one or more preserved federal questions. "Preserved" means the question before the court has been raised at trial and at each subsequent appeal; federal questions are those that involve matters of federal law, US treaties, and the US Constitution.
Yes, but...
In all cases, the losing party has 25 days to file a petition to the US Supreme Court for a rehearing of the case. Most petitions for rehearing are denied, but if the Court grants the petition, the case will be docketed for reargument.
The most common reason for granting a rehearing appears to be instances where the lower court decision was affirmed by an equally divided court (tie vote) due to the absence of one of the nine Supreme Court justices. If the Court believes the issue raised is of sufficient importance, they may grant a rehearing, vacate their first default decision, and reconsider the case with all justices present. Under most circumstances, the Court has reaffirmed the decision, allowing the case to set precedent.
Different Types of Examples
On a few occasions, the Court resolved a previous tie vote by reversing the lower court.
Cases have occasionally been reheard and their original decision reversed due to the Court's error.
A few cases have been reversed due to new evidence being presented, changes to Federal Laws, or a convincing argument made against the first decision.
The Court has also reversed its decision to deny certiorari for various reasons, although these cases would be categorized differently because there was only one set of arguments.
The Court also agreed to rehear two cases under original jurisdiction (disputes between the states) and modified (but did not reverse) their original judgment.
A search of the Justia Supreme Court database indicates the last time the Supreme Court agreed to reconsider a case under its appellate jurisdiction was 1969; the most recent case reconsidered under original jurisdiction was in 2000.
Addendum: The Supreme Court is more likely to revise the decision in a future case or overturn decisions made by an earlier Court, as it did in Brown v. Board of Education, (1954). In Brown, the Warren Court ruled segregation in public schools is unconstitutional under the Thirteenth and Fourteenth Amendments. This overturned the longstanding precedent of "separate but equal" established in Plessy v. Ferguson, (1896). This is just one of many examples in the history of the US Supreme Court.
Supreme Court decisions can only be overridden in two ways:
There are several legitimate and illegitimate methods Congress and the President use to resist Supreme Court decisions that may have the practical effect of overriding a decision, however.
No. The Senate does not have the authority to overturn a Supreme Court decision because of constitutional separation of powers.
No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.
Optionally, Congress can rewrite a law to conform with Constitutional standards, which is the most frequent response to the Supreme Court overturning a law.
For more information, see Related Questions, below.
The US Supreme Court is the highest court in the US. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
The correct name is the Supreme Court of the United States, but most people refer to it as the US Supreme Court. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
The Supreme Court's decisions are always final unless they agree to rehear a case, which rarely happens. The Supreme Court is the final authority on federal and constitutional law in the United States; there is no further avenue of appeal. There are only two ways in which a Supreme Court decision may be overturned: 1) the Court may change its own decisions; 2) Congress and the states may effectively overrule a decision by constitutional amendment. In the case of nullified federal laws, Congress may rewrite the law to comply with constitutional requirements. For more information, see Related Questions, below.
None. The US Supreme Court is head of the Judicial Branch of government; it does not have branches of its own. If you're asking how many Circuits (US Court of Appeals Circuit Courts) are below the Supreme Court, the answer is thirteen.
State and federal: the US Supreme Court is head of the Judicial branch and the highest appellate court for federal questions (federal law, US Constitution); each State has its own Supreme Court (or its equivalent) that is the final venue for state constitutional and legal issues.
The Supreme Court has no power to enforce its own decisions.
The US Supreme Court lacks the ability to enforce its own decisions, which is a check on the Judicial Branch of government. The Executive Branch is vested with the authority and obligation to enforce Supreme Court decisions, and the Legislative branch can support a decision by passing laws upholding the Court's finding.
Yes STATE SUPREME COURT is the highest court at the State level.It is the is the ultimate judicial tribunal for a particular case.Different STATES have there own supreme courts.The supreme court of USA is the highest court.It can over rules the decisions made by State supreme courts.
The US Supreme Court is the highest court in the US. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
As 'jurisprudence'. Which means that other courts throughout the nation will take them as a lead for their own future decisions. This is not only standard procedure, but also because these courts know that if they go against an earlier Supreme Court decision, they will in the end be overturned if the parties appeal.
Yes, but only the US Supreme Court can overturn its own earlier court decisions.Judicial activism is a label subjectively applied to legal decisions believed to go beyond the intent of the Constitution or Congressional lawmakers, or to overturn established legal precedent. The term has negative connotations, and is synonymous with the phrase "legislating from the bench."There is no entity called "the Judicial Activism," nor is there a populist movement by that name; it is simply a concept related to certain types of court decisions.Supreme Court decisions can only be overturned in one of two ways:The Supreme Court can overturn its own decisions.Supreme Court decisions may be overturned by constitutional amendment.For more information, see Related Questions, below.
The correct name is the Supreme Court of the United States, but most people refer to it as the US Supreme Court. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
The US Supreme Court is the highest court in the US. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
Yes, Scotland has its own Supreme Court called the Supreme Court of the United Kingdom. It is the highest court of appeal for civil cases in Scotland, separate from the Supreme Court of England and Wales.
There is only one United States Supreme Court, but there are also State Supreme Courts. So, to answer your question: none. The U.S. Supreme Court is it's own court.
The US Supreme Court is the highest court in the US. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.
The correct name is the Supreme Court of the United States, but most people refer to it as the US Supreme Court. Each state has its own Supreme Court, but the US Supreme Court is the end of the line.