Monday, September 28, 2020

Making SCOTUS Decisions

 Any Justice of SCOTUS or nominee for a seat on that court who is asked: How will you rule on (Fill In Blank) should (Must?) respond by outlining the following process.

1. I would first read the "pleadings" submitted to SCOTUS by those seeking a hearing.

2. I would determine if there is or is-not a Federal constitutional question (Or conflict between two or more Circuit Courts Of Appeal as amounts to the same thing) which makes the case worthy of a hearing by SCOTUS. (If not, I would vote to not accept any such case.)

3. If a case is accepted by the court, I would read all submitted documents to determine the constitutional issues, the exact meaning of the provisions of the Constitution in question (As defined by the language used as understood when written) with great attention to the intents of the authors of such provisions.

4. If, and only if, the above cannot resolve the questions-at-hand I will go to the decisions of other (United States ONLY) judges to attempt to make relevant decisions.

5.  With the able assistance of my clerks I would write a tentative first draft which I would share AND discuss with the other Justices.

6. After considering the comments of my peers I may or may-not revise my tentative ruling on the case in question.

7. After that I would submit my views to the vote of the entire court.

I WILL NOT DECLARE MY DECISION ON ANY CASE UNLESS I HAVE COMPLETED STEPS ONE-THROUGH-SIX AS NOTED ABOVE!



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