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What term applies to the grant of review sought by an appellant who seeks to overturn in the US Supreme Court a decision of the US Court of Appeals?
An appellant may file a motion for a rehearing, if warranted, but the US Supreme Court has full discretion to grant or deny this request. If denied, the case is considered res judicata(completed), and the decision of the Court is both final and binding.
What else can I help you with?
Can a legislature overturn a supreme court decision holding a particular statute unconstitutional?
No it can't. The only way to overturn a supreme court decision is either another supreme court decision, or a constitutional amendment.
Can Congress overturn a Supreme Court decision?
No, Congress cannot overturn a Supreme Court decision. The Supreme Court's rulings are final and cannot be overturned by any other branch of government.
Who has the authority to overturn a Supreme Court decision?
The Supreme Court itself has the authority to overturn its own decisions through a process called "overruling."
What factors can overturn a Supreme Court decision?
A Supreme Court decision can be overturned by a constitutional amendment, a new Supreme Court decision, or a change in the composition of the Court.
How can one challenge or overturn a Supreme Court decision?
One can challenge or overturn a Supreme Court decision by filing a petition for a rehearing or a motion for reconsideration with the Supreme Court. Additionally, a new case can be brought before the Supreme Court that presents a different legal argument or evidence that could lead to a reversal of the previous decision. Another way to challenge a Supreme Court decision is through a constitutional amendment passed by Congress and ratified by the states, which can effectively overturn a Supreme Court ruling.
Can the Supreme Court overturn a previous decision?
Yes, the Supreme Court can overturn a previous decision through a process called "overruling" or "reversing" a precedent. This typically occurs when the Court believes that a previous decision was incorrect or no longer applicable to current circumstances.
How does the supreme court overturn a lower courts decision?
By issuing a judicial review.
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.
Should Congress be permitted to overturn a US Supreme Court's decision by drafting a piece of legislation contrary to the Court's decision?
Sometimes. If the Supreme Court decision interprets a statute or common law, it can be overturned by a legislative statute to the contrary. However, if the Supreme Court decision is interpreting constitutional law, a constitutional amendment would be required to overturn the decision.
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.
How can one successfully overturn a Supreme Court decision?
To successfully overturn a Supreme Court decision, one must either pass a constitutional amendment or have the Supreme Court itself reconsider and reverse its previous ruling. This can be a difficult and lengthy process, requiring significant legal and political efforts.
Which amendment was NOT added to overturn a Supreme Court decision?
The Eighteenth Amendment, which established Prohibition, was not added to overturn a Supreme Court decision. It was added to the Constitution to ban the manufacture, sale, and transportation of alcoholic beverages.
