Can you sue a Supreme Court decision?
Asked by: Miss Neva Mitchell IV | Last update: May 25, 2025Score: 4.5/5 (2 votes)
Courts have what is known as judicial immunity, which protects judges from being sued for their decisions. This principle is based on the idea that judges should be able to make impartial decisions without fear of personal liability or reprisal.
Can you sue a Supreme Court?
Under judicial immunity, Supreme Court Justices are protected from being sued as individuals over their decisions, though not all personal conduct is fully protected by law.
Can a US Supreme Court decision be overturned?
When Congress disagrees with the Supreme Court about an interpretation of the Constitution, the only direct way to override that interpretation is for two-thirds of both houses of Congress to propose an amendment to the Constitution, which then must be ratified by three-quarters of the states.
Are Supreme Court decisions enforceable?
The Supreme Court has no power to enforce its decisions. It cannot call out the troops or compel Congress or the president to obey. The Court relies on the executive and legislative branches to carry out its rulings. In some cases, the Supreme Court has been unable to enforce its rulings.
Can you appeal a Supreme Court decision?
The U.S. Supreme Court appeal process ensures each case is reviewed with the highest level of judicial scrutiny before a final decision is made. Below is an overview of the steps involved, beginning with a petition for certiorari.
Can you sue the state? Not really, and recent court decisions make it harder
Can you override a Supreme Court decision?
No. There are only two ways to overturn a Supreme Court decision: with a new Supreme Court decision or by changing the law. The court doesn't make laws, it interprets them and can rule on whether a law is being correctly applied.
What is the 8.500 rule?
Petition for review. (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court.
Are Supreme Court decisions binding?
Like the federal courts, California has a three- tiered court system with a Supreme Court, courts of appeal, and superior courts. Supreme Court decisions bind all lower courts - and this is true no matter how old the Supreme Court opinion might be.
Can the president change the Supreme Court?
The President nominates someone for a vacancy on the Court and the Senate votes to confirm the nominee, which requires a simple majority. In this way, both the Executive and Legislative Branches of the federal government have a voice in the composition of the Supreme Court.
What is the rule of four?
The “rule of four” is the Supreme Court's practice of granting a petition for review only if there are at least four votes to do so. The rule is an unwritten internal one; it is not dictated by any law or the Constitution.
Which is the most powerful Supreme Court in the world?
The Indian Supreme Court has been called “the most powerful court in the world” for its wide jurisdiction, its expansive understanding of its own powers, and the billion plus people under its authority.
Can the Supreme Court be impeached?
Article III states that these judges “hold their office during good behavior,” which means they have a lifetime appointment, except under very limited circumstances. Article III judges can be removed from office only through impeachment by the House of Representatives and conviction by the Senate.
Can a court decision be reversed?
Reversal can occur when the decision of a court of appeal is that the judgment of a lower court was incorrect. The result of reversal is that the lower court which tried the case is instructed to vacate the original judgment and retry the case.
Who has absolute immunity?
In United States law, absolute immunity is a type of sovereign immunity for government officials that confers complete immunity from criminal prosecution and suits for damages, so long as officials are acting within the scope of their duties.
Can judges be held accountable for their decisions?
Oversight mechanisms work together to hold judges and Judiciary staff responsible for their conduct as government officials and for the management of public resources.
Can you sue a judge for unfair ruling?
Generally, NO. There is a doctrine called judicial immunity that prevents most lawsuits against judges when they are acting in their judicial capacity. Judges have absolute immunity for actions they take in their judicial capacity.
Who can overturn a Supreme Court decision?
When the Supreme Court rules on a constitutional issue, that judgment is virtually final; its decisions can be altered only by the rarely used procedure of constitutional amendment or by a new ruling of the Court. However, when the Court interprets a statute, new legislative action can be taken.
Can a president remove someone from the Supreme Court?
How impeachment works. Like in any other impeachment process—including for Presidents and judges—the power to impeach a Supreme Court Justice first lies with the House of Representatives. A House legislator must introduce an article of impeachment before a vote is held.
Can Supreme Court decisions be enforced?
The supreme court has no authority or military to enforce it's rulings. Instead they rely on the executive and other branches of government at a State, Local and Federal level to follow their decisions. Looking back in history some decisions were not followed immediately like government sanctioned school prayer.
Who can overrule a judge?
Most federal court decisions, and some state court rulings, can be challenged. The U.S. courts of appeals usually have the last word. The nation's 94 federal judicial districts are organized into 12 regional circuits, each of which has a court of appeals.
What happens if a Supreme Court decision is tied?
Any Justice may write a separate dissenting opinion. When there is a tie vote, the decision of the lower Court stands. This can happen if, for some reason, any of the nine Justices is not participating in a case (e.g., a seat is vacant or a Justice has had to recuse).
What is Rule 1 in court?
Scope of Rules; Definition; Title. (a) Scope of Rules. (1) These rules govern procedure in the United States courts of appeals. (2) When these rules provide for filing a motion or other document in the district court, the procedure must comply with the practice of the district court.
What is rule 27 mean?
Federal Rule of Civil Procedure 27 permits depositions to perpetuate testimony “about any matter cognizable in a United States court” but the federal rules do not contain a provision regarding pre-complaint discovery generally.In jurisdictions where rules exist on pre-complaint discovery, they can be a valuable tool to ...
What is scotus rule 34?
Rule 34(b) provides that a party must produce documents as they are kept in the usual course of business or must organize and label them to correspond with the categories in the discovery request.