Attention Lawyers: Question about Supreme Court

[Lisa558]

I know of course that cases go up to the SCOTUS via the appellate courts, but is there anything that permits the SCOTUS to intervene without that path in the event of an extreme violation of constitutional rights?

 

[rightwinger]

I think Bush v Gore went straight to the Supreme Court

 

[DGS49]

No.

The Court has "original jurisdiction" in some cases involving the Federal government (as a party), but otherwise, can only take a case on appeal from a lower court.

If the question refers to the abominable treatment of President Trump in New York, not a chance. Even though rational observers know that the case will ultimately be tossed out for Constitutional and other reasons.

 

[Lisa558]

I think Bush v Gore went straight to the Supreme Court

Thank you.

 

[Lisa558]

No.

The Court has "original jurisdiction" in some cases involving the Federal government (as a party), but otherwise, can only take a case on appeal from a lower court.

If the question refers to the abominable treatment of President Trump in New York, not a chance. Even though rational observers know that the case will ultimately be tossed out for Constitutional and other reasons.

Yes, that’s what I was thinking: the case of obvious “selective prosecution” for going after Trump for what other moguls have done for years with no action taken, and now this ridiculous requirement to post $350 million for the appeal.

P.S. Are you a lawyer?

 

[1srelluc]

Where was NY in 2008 when the housing market crashed?



Music to ponder that question by.

 

[Auld Phart]

I think Bush v Gore went straight to the Supreme Court

via the Florida Supreme Court.

 

[bendog]

via the Florida Supreme Court.

I believe that is the correct answer. Bush v. Gore was neither a criminal case nor a civil action for damages, which are what Trump faces. Bush v. Gore challenged how the Fla Sup Court ordered ballots be "recounted" under state law. I did not agree with SandyBaby on how the SC gained jurisdiction before Fla finished its "counting," the Supremes were concerned that the time for certification (Off Topic a bit, which was Trump's attack) would pass without finality.

But, if Trump was sued in a state court for something like personal damages for sexual assault that occured prior to his presidency - and no federal constitutional or statutory claims were involved - then Trump's appeal would be through State, not Fed, courts, up to a State's supreme court.

The Scrotus could always take up the appeal after the State courts finished, and could find, for example, the prosecution in NY for false valuations of property is barred by the doctrine of "vagueness." Or a person of avg intelligence could not understand that the law against false valuations could apply without the state proving direct financial damages by lending institutions.

you'd want a second opinion on this, and no, I never give legal advice

But if I'm right, a second Trump term would reveal the faulty logic of the 9-0 decision in Jones v. Clinton.

 

[Libby von H]

I think Bush v Gore went straight to the Supreme Court

Yes but that was a stay of the recount