Judges Powers

Fazer1

December 14, 2018 17:34

I'm a bit confused with all these Judges ruling. I see one is up on Obamacare for instance. Also you hear that if Trump does something a judge can cancel it. The list goes on.

So Judges have more stroke than the president ? If Judge A says this is a no go, can they get another ruling from another Judge. If that Judge it is OK, what would happen then.

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  Wild Turkey

  December 14, 2018 18:50

  Depends on the "grounds".
  
  If the President does something by executive order, etc. a judge in an appropriate court can declare the action "unconstitutional" and have it set aside.
  
  But a "Higher" court can reverse the opinion, until it reaches the Supreme Court and they can tell the original judge to look at it again, accept the judgement of one of the lower courts or reach their own judgement and issue an "opinion" that carries the weight of law and can only be modified by congress passing a new law.
  
  The problem for many of us is in defining "appropriate" court. If a certain judge is known for their opinion on an issue the people involved will work very hard to find a reason to bring the suit in that court's jurisdiction but there are some stringent rules that have to be met.
  
  Courts have a well-defined hierarchy under which the lower courts have first shot at a case, then it moves up the "appeals" courts, etc. based on what error some believe the lower court made.
  
  I had a course in Constitutional Law as part of my Journalism degree and there was some interesting reading in the cases over free speech and freedom of the press. [:D]

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