View Full Version : President Elect vs. SCOTUS

cold dead hands
November 20, 2008, 12:56 AM
In light of all the panic surrounding the obvious change to our lives come a special day in January I have two very simple questions...

Does the Supreme Court have the power to put down any laws that are contrary to its ruling as issued in the Heller findings without having to tie up the courts for many years while degrading gun owners rights until they are possibly upheld again (assuming we still can get at least 5 to 4 vote again)?

Can the Supreme Court strike down a law without actually having a trial?

I remember some basic from civics class in high school, but I don't recall ever having covered the complete scope of power that the SCOTUS has.


November 20, 2008, 02:38 AM
My understanding is that the court is powerless and voiceless without a case to hear.

If no case makes its way to the court, for whatever reason, SCOTUS has no authority to strike down a law.