We live in a Kakistocracy

They are the final arbitor of how a case is seen throught the lens of the constitution.

Yeap they are the final arbitor of what is precident setting cases.

Why dont you know that already?

They are NOT required to set precedent, the purpose of the Court is to determine what is and is not acceptable, This may be a precedent or it may not, If you review the history of the court you will find many incidents where they DID not set precedent.

To claim this particular case is different is BS,
 
A supreme court decision is the final path.

How many ohter supreme court decisions have a caveot like that at the end of the decision?
 
No, not most of the time indeed. Sometimes. I mean precedent in law is always pretty strong, it's an unsual case that changes years of precedent.

Exactly. This was not one of those. Just the court of last resort.
 
Okay confusion reigns. What do we all mean by "precedent"?

Here's my take on it.

The doctrine is called stare decisis. It basically says that a court will, if there are sufficient similarities between previously decided cases and the facts in front of it, stick to the previous interpretations. However the court can be persuaded to "distinguish" and it may make a ruling on that basis.

There's also the hierarchy of courts thing. Whatever the Supreme Court says than that's that, all other courts are bound by its ruling.

For what it's worth that's my understanding of it.
 
http://en.wikipedia.org/wiki/Supreme_court


For the Supreme Court of the United States of America, see Supreme Court of the United States.
The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. However, in some jurisdictions other phrases are used to describe the highest courts. There are also some jurisdictions where the supreme court is not the highest court.

Although some countries and subordinate states follow the American model of having a supreme court that interprets that jurisdiction's constitution, others follow the Austrian model of a separate constitutional court (first developed in the Austrian Constitution of 1920). The constitutionality of a law is implicit and cannot be challenged. Furthermore, in e.g. Finland, Sweden and Poland, there is a separate Supreme Administrative Court whose decisions are final and whose jurisdiction does not overlap with the Supreme Court.

Many higher courts create through their decisions case law applicable within their respective jurisdictions or interpret codal provisions in civil law countries to maintain a uniform interpretation:

Most common law nations have the doctrine of stare decisis in which the previous rulings (decisions) of a court constitute binding precedent upon the same court or courts of lower status within their jurisdiction.
Most civil law nations do not have the official doctrine of stare decisis and hence the rulings of the supreme court are usually not binding outside the immediate case in question. However, in practice, the precedent, or jurisprudence constance, expressed by those courts is often extremely strong. Some exceptions such as Spain are discussed below.
 
A supreme court decision is the final path.

How many ohter supreme court decisions have a caveot like that at the end of the decision?

A Supreme Court decision is NOT a final ruling. Congress and the President can change the law, rendering a SCOTUS decision irrelevant.

Courts are required to base decisions on the law, not SCOTUS rulings. A ruling within the law but contrary to a SCOTUS ruling will just about automatically set up a challenge.

Why do you continue to harp on this so-called "caveat?" They made their ruling and explained it. Simple as that. It is neither wrong nor part of some conspiracy just because youo don't like the outcome.
 
A Supreme Court decision is NOT a final ruling. Congress and the President can change the law, rendering a SCOTUS decision irrelevant.

Courts are required to base decisions on the law, not SCOTUS rulings. A ruling within the law but contrary to a SCOTUS ruling will just about automatically set up a challenge.

Why do you continue to harp on this so-called "caveat?" They made their ruling and explained it. Simple as that. It is neither wrong nor part of some conspiracy just because youo don't like the outcome.

Yep, it's the way the system works that he doesn't like.
 
Yep, it's the way the system works that he doesn't like.

The per curium opinion of the majority held that a standard, equal, consistent, and constitutional way of recounting the votes would not be found by the December 12th deadline which it insisted should be observed, and so it reversed the Florida Supreme Court decision and remanded the case back to Florida.[citation needed]


[edit] Conclusion
Noting that the Equal Protection clause guarantees individuals that their ballots cannot be devalued by "later arbitrary and disparate treatment," the per curiam opinion held 7-2 that the Florida Supreme Court's scheme for recounting ballots was unconstitutional. Even if the recount was fair in theory, it was unfair in practice. The record suggested that different standards were applied from ballot to ballot, precinct to precinct, and county to county. Because of those and other procedural difficulties, the court held that no constitutional recount could be fashioned in the time remaining (which was short because the Florida legislature wanted to take advantage of the "safe harbor" provided by 3 U.S.C. § 5. Loathe to make broad precedents, the per curiam opinion limited its holding to the present case.

This decision isn't that hard to understand, and the reason SCOTUS limited it to this case only is spelled out in black and white. They did NOT want to do EXACTLY what TM continues to claim they do -- set a precedent with a ruling.
 
They made thier ruling and then amended it with a caveat that said the ruling can be used in no other case.

How often has the supreme court done that?
 
They made thier ruling and then amended it with a caveat that said the ruling can be used in no other case.

How often has the supreme court done that?

H-E-L-L-O ...... I pasted the ruling right there with the reason they applied it solely to this case.

How often it happens is irrelevant. It is completely within their purview to do so.

Where do you come up with this "amended with a caveat?" The link YOU supplied doesn't say that. It's shown as part of the ruling.
 
http://www.law.cornell.edu/supct/html/00-949.ZD.html In the interest of finality, however, the majority effectively orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent–and are therefore legal votes under state law–but were for some reason rejected by ballot-counting machines. It does so on the basis of the deadlines set forth in Title 3 of the United States Code. Ante, at 11. But, as I have already noted, those provisions merely provide rules of decision for Congress to follow when selecting among conflicting slates of electors. Supra, at 2. They do not prohibit a State from counting what the majority concedes to be legal votes until a bona fide winner is determined. Indeed, in 1960, Hawaii appointed two slates of electors and Congress chose to count the one appointed on January 4, 1961, well after the Title 3 deadlines. See Josephson & Ross, Repairing the Electoral College, 22 J. Legis. 145, 166, n. 154 (1996).5 Thus, nothing prevents the majority, even if it properly found an equal protection violation, from ordering relief appropriate to remedy that violation without depriving Florida voters of their right to have their votes counted. As the majority notes, “[a] desire for speed is not a general excuse for ignoring equal protection guarantees.” Ante, at 10.
 
It is widely seen in the law scholorship field as a political decision by the majority.
 
http://www.law.cornell.edu/supct/html/00-949.ZD.html In the interest of finality, however, the majority effectively orders the disenfranchisement of an unknown number of voters whose ballots reveal their intent–and are therefore legal votes under state law–but were for some reason rejected by ballot-counting machines. It does so on the basis of the deadlines set forth in Title 3 of the United States Code. Ante, at 11. But, as I have already noted, those provisions merely provide rules of decision for Congress to follow when selecting among conflicting slates of electors. Supra, at 2. They do not prohibit a State from counting what the majority concedes to be legal votes until a bona fide winner is determined. Indeed, in 1960, Hawaii appointed two slates of electors and Congress chose to count the one appointed on January 4, 1961, well after the Title 3 deadlines. See Josephson & Ross, Repairing the Electoral College, 22 J. Legis. 145, 166, n. 154 (1996).5 Thus, nothing prevents the majority, even if it properly found an equal protection violation, from ordering relief appropriate to remedy that violation without depriving Florida voters of their right to have their votes counted. As the majority notes, “[a] desire for speed is not a general excuse for ignoring equal protection guarantees.” Ante, at 10.

Again, so? Most if not all rulings have dissenting opinions. Even one that YOU agree with.

It proves nothing.
 

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