The Civil War News & Views Open Discussion Forum

Re: Limitations of Supreme Court Powers 1863...

"Texas vs White is revisable, all it takes is an appeal, the new judges could and should throw it out on the basis of conflect of interest by some of the judges who ruled on it."

Chief, I'm not a lawyer, but there is in jurisprudence the concept of "stare decisis", which means that absent a timely appeal, the decision of a court is final, on that case. The principle can be addressed on a similar new case. Op cit Roe v. Wade; only a like case brought before the Supreme court could be used to reverse it. Of course, the court is not required to accept an appeal. Or they could accept an appeal if the government did something wrong

Congress has long let the courts have too much power. The Constitution, at Article III, Section 2, paragraph 2, grants this responsibility to Congress. It reads, in part: "...the Supreme Court shall have appellate jurisdiction, both as to Law and Fact, with such Exceptions as the Congress shall make."

Chances are Texas v. White will remain stare decisis. Stan

Messages In This Thread

Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
Re: Limitations of Supreme Court Powers 1863...
21st Century Civil War...
Re: 21st Century Civil War...
Re: 21st Century Civil War...
Re: 21st Century Civil War...
Re: Limitations of Supreme Court Powers 1863...