Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: xzins; Perdogg
(Courtesy ping to Perdogg because he co-manages the SCOTUS ping list with me.)

SCOTUS does not issue unsolicited opinions. There are three ways in which a case can be heard by SCOTUS.

First is original jurisdiction, which means that the case goes directly to SCOTUS because lower federal courts do not have jurisdiction to hear the case. For example, when one State sues another State. Such cases are rare - maybe one or two in a SCOTUS term.

Second is an appeal of a U.S. Circuit Court decision in which SCOTUS grants a petition for a writ of certiorari. 9th Circuit Court decisions are reversed more than any other Circuit.

Third is an appeal of a State Supreme Court decision. Unless there is a constitutional question involved, SCOTUS will usually not hear cases on state laws.

Once SCOTUS decides to hear a case, the Legislative and Executive branches can file an amicus curiae brief arguing how SCOTUS should rule and why.

So, yes, an entity with standing under the FRCP would have to file suit before SCOTUS could decide whether or not jus sanguinis citizenship of those born abroad qualifies as natural-born under the meaning of the Constitution.

As they did for Senator John McCain, Congress can pass a non-binding resolution stating that, in their collective opinion, a candidate is eligible. IMHO, they were telegraphing their intentions to the States to avert eligibility challenges.

142 posted on 08/19/2013 12:45:34 PM PDT by BuckeyeTexan (There are those that break and bend. I'm the other kind. ~Steve Earle)
[ Post Reply | Private Reply | To 138 | View Replies ]


To: BuckeyeTexan; xzins

There was a court case in 2000, Jones V Bush, where some one challenged the eligibility of the Texas electors for Bush because Jones claimed that Dick Cheney was a resident of Texas. The President and the VP cannot come from the same state unless they forfeit the EV of that State. The judge said that Jones did not have standing only candidates did.

SCOTUS would be very unlikely to handle it until after an election.


143 posted on 08/19/2013 12:58:55 PM PDT by Perdogg (Cruz-Paul 2016)
[ Post Reply | Private Reply | To 142 | View Replies ]

To: BuckeyeTexan; xzins

There was a court case in 2000, Jones V Bush, where some one challenged the eligibility of the Texas electors for Bush because Jones claimed that Dick Cheney was a resident of Texas. The President and the VP cannot come from the same state unless they forfeit the EV of that State. The judge said that Jones did not have standing only candidates did.

SCOTUS would be very unlikely to handle it until after an election.


144 posted on 08/19/2013 12:59:02 PM PDT by Perdogg (Cruz-Paul 2016)
[ Post Reply | Private Reply | To 142 | View Replies ]

To: BuckeyeTexan; xzins

There was a court case in 2000, Jones V Bush, where some one challenged the eligibility of the Texas electors for Bush because Jones claimed that Dick Cheney was a resident of Texas. The President and the VP cannot come from the same state unless they forfeit the EV of that State. The judge said that Jones did not have standing only candidates did.

SCOTUS would be very unlikely to handle it until after an election.


145 posted on 08/19/2013 12:59:10 PM PDT by Perdogg (Cruz-Paul 2016)
[ Post Reply | Private Reply | To 142 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson