How can the Supreme Court overturn a lower courts decision on a case
There are several ways in which the Supreme Court can overturn a lower court's decision on a case:
1. Appeal: The losing party in a lower court can file an appeal to the Supreme Court. The Supreme Court can then decide to grant or deny the appeal. If the appeal is granted, the Court will review the lower court's decision and has the power to overturn it.
2. Writ of Certiorari: The Supreme Court can issue a writ of certiorari to review a lower court's decision. This is a discretionary action taken by the Court, and they typically grant a writ when they believe the case presents important legal questions or conflicts with previous Supreme Court decisions.
3. Oral arguments and briefs: Once the Supreme Court agrees to review a case, the parties involved submit written briefs outlining their arguments. Additionally, oral arguments may be scheduled where each party presents their case before the justices. The Court takes these arguments and briefs into consideration while making its decision.
4. Majority vote: After reviewing the case, the justices of the Supreme Court cast their votes on whether to uphold or overturn the lower court's decision. The decision is based on a simple majority vote, with at least five of the nine justices needing to agree in order to make a final decision.
5. Issuing a new precedent: If the Supreme Court overturns a lower court's decision, it can establish a new precedent that will guide future cases. This allows the Court to shape legal interpretations and outcomes in the future.
It's important to note that the Supreme Court does not automatically review or overturn every lower court decision. They generally select cases that have the potential to impact important legal principles or have a broader societal impact.