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Old 05-23-2018, 10:28 AM
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Arrow Let's Assume the US vr's Trump: How Does the U.S. Supreme Court Decide Whether to Hea

How Does the U.S. Supreme Court Decide Whether to Hear a Case?
RE: https://litigation.findlaw.com/legal...ar-a-case.html

United States Supreme Court decisions have shaped history: important decisions have ended racial segregation, enforced child labor laws, kept firearms away from schools, and given the federal government the teeth it needs to regulate interstate commerce. But how does the Supreme Court decide what cases to hear? If you had something you wanted the Supreme Court to hear, how would you get it there?

From Trial to Supreme Court: Procedure

It is important to note up front that not just any case can be heard by the U.S. Supreme Court. A case must involve an issue of federal law or otherwise fall within the jurisdiction of federal courts. A case that involves only an issue of state law or parties within a state will likely stay within the state court system where that state's supreme court would be the last step.

Assuming the case is capable of being heard by the U.S. Supreme Court, the first step, most of the time, is to file a lawsuit in your local state or federal court. The trial judge would hear evidence and consider legal arguments from each side before making a decision. If the judge decides all or part of the case against you, you can then appeal the case to a higher court. When you have appealed as far as possible, you can consider appealing to the U.S. Supreme Court.

If you decide to appeal to the Supreme Court at this stage, the next step is to prepare a "petition for certiorari." This is the document the Court will read in order to decide whether to hear a case. In that document, you will include a history of the case, the basic facts, and the important legal issues that your case presents. Your opponent will also have a chance to file a response, and other interested parties may file briefs in support or against the petition. Your file will then go to a pool of Supreme Court clerks, who will review all of the documents, summarize them for the justices, and include a recommendation on whether to take the case. The justices then make a final decision. If they decide to hear a case, they will issue a "writ of certiorari."

Factors the Court Considers When Choosing Cases

Every year, the Supreme Court receives about 10,000 petitions for certiorari, but only hears about 80 of them. While no one really knows why some cases get heard but others do not, the Supreme Court has several factors that it considers when deciding what cases to hear:

The Court will Hear Cases to Resolve a Conflict of Law: The U.S. judicial system consists of 13 federal circuits and 50 state supreme courts. When a number of these courts reach different conclusions about an issue of federal or constitutional law, the Supreme Court may step in and decide the law so that all areas of the country can then operate under the same law.

The Court will Hear Cases that are Important: Sometimes the Court will consider a highly unusual case such as U.S. v Nixon (concerning the Watergate tapes) or Bush v. Gore (concerning the extremely close election in 2000), or a case with an important social issue, such as abortion in Roe v. Wade.

The Court will Sometimes Hear Cases that Speak to the Justices' Interests: Sometimes Justices give preference to cases that decide an issue in their favorite area of law.

The Court hears Cases when Lower Courts Disregard past Supreme Court decisions: If a lower court blatantly disregards a past Supreme Court decision, the court may hear the case to correct the lower court, or alternatively, simply overrule the case without comment.

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What would happen to the federal government if Mueller is fired?

"I believe impeachment proceedings will commence" against Trump, said Harry Rimm, a trial lawyer and former federal prosecutor. But that doesn't necessarily mean that the president would be impeached.

"Even though Republican senators have suggested that firing Mueller would be suicide and create a constitutional crisis for Trump, it is unclear if there are sufficient votes for impeachment, as the House has the sole power of impeaching and the Senate has the sole power to try impeachments," Rimm added.

Wine-Banks agreed.

"In normal times, under normal political conditions, they would, of course, start impeachment proceedings immediately," Wine-Banks said.

But "this is not normal," she added, pointing out the reluctance of most GOP lawmakers to challenge Trump, as well as the lack of the kind of bipartisan working relationships seen during the Nixon era in Congress.

Can Trump be charged with crimes without being impeached? Answer: (*) Maybe.

(*) There is no law that says a sitting president cannot be criminally charged in the courts, nor is there one saying he can be charged. And there is no case law that directly discusses that issue.

Rimm said there is "a school of thought," which seems to include the Justice Department "believing that a sitting president is immune from criminal prosecution and can't be indicted while in office."

"Or, if he is indicted, the indictment has no legal effect," Rimm said. "Under this approach, you can remove the president from office solely through impeachment and then indict him after any Senate conviction order to punish."

Wine-Banks said she believes "a sitting president can be indicted." She was among the prosecutors on Jaworski's team during Watergate that wanted to indict Nixon.

"There are many academic articles written that would support the fact that a sitting president could be indicted," Wine-Banks said.

She noted there are two court cases that held that a sitting president could be forced to deal with pending civil cases while in office.

Note: One case was the Supreme Court decision that forced Clinton to answer questions in the sexual harassment lawsuit filed by former Arkansas state employee Paula Jones. Clinton's lie under oath denying his affair with White House intern Monica Lewinsky during that case led to his impeachment while president. BUT - The Senate didn't convict him, however.

The other case involves Trump. Last month, a New York state judge ruled that "no one is above the law" as she rejected Trump's bid to dismiss a defamation lawsuitby Summer Zervos, a former contestant on "The Apprentice" who says Trump groped her.

Note: The judge in that case did not accept Trump's argument that a sitting president cannot be subject to a state court's jurisdiction.

Wine-Banks also pointed out that in the fall of 1973, Nixon's vice president, Spiro Agnew, resigned after being charged with felony tax evasion.

And: Agnew had been under investigation by the U.S. attorney for Maryland on suspicion of accepting bribes while governor of that state and as vice president.

The courts never ruled on Agnew's initial claim that a sitting vice president could not be indicted.

So; Wine-Banks said the fact that Agnew, who was second in line to the president, was criminally charged could help a future claim that "Trump or another sitting president is subject to potential criminal prosecution."
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O Almighty Lord God, who neither slumberest nor sleepest; Protect and assist, we beseech thee, all those who at home or abroad, by land, by sea, or in the air, are serving this country, that they, being armed with thy defence, may be preserved evermore in all perils; and being filled with wisdom and girded with strength, may do their duty to thy honour and glory; through Jesus Christ our Lord. Amen.

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