Can You Appeal A Judges Decision?

 Judges Decision

Opinion-The written explanation of a court decision by a judge. ... The decision of the court comes from a majority of magistrates and forms the majority opinion. Because of the logic and/or the principles of law on which the judgment is based, a dissenting opinion disagrees with the majority.

Out of the three branches of government, the courts are the least publicized and least publicly recognized. Certainly, the inner workings of the Supreme Court and its day-to-day activities do not attract as much media scrutiny as its rulings, and only a very limited number of its announced rulings are discussed and debated enthusiastically. The 2015 decision of the Court on same-sex marriage was the exception, not the norm, as most court decisions are secretly filed in U.S. Papers, often pursued by judges, attorneys, scholars, and those with a special interest in reading or researching them.

Thus, we often imagine the judges being formally robbed and cloistered in their quarters, untouched by the world around them, but the truth is that they are not that isolated, and their choices are shaped by a variety of external factors. Since they lack their own mechanism for imposing their decisions and their authority remains regulated and balanced by the other branches, the influence of the views of the judges on the functioning of government, politics , and culture in the United States is far more important than the attention they might receive.

Each opinion of the Court sets precedents for the future. However, the judgments of the Supreme Court are not necessarily unanimous; the majority opinion written, or the clarification of the decision of the justices, is the one that the majority of the nine justices agree with. A vote as narrow as five in favor of four against can be reflected. A tied vote is uncommon, but can occur at a time of vacancy, absence, or abstention from an event, maybe when a conflict of interest occurs. The lower court's ruling stands in the event of a tied vote.

However, more usually, the Court would bring out a plurality opinion. The chief justice determines, whether he or she is in the majority, who will write the opinion. If not, then the author is selected by the most senior justice ruling with the plurality. Similarly, in the dissenting party, the most senior justice may appoint a member of that party to write the dissenting opinion; but any justice that disagrees with the majority can write a separate dissenting opinion. If a justice agrees with the result of the case but not with the logic of the majority in it, a concurrent opinion can be written by that justice.

Court rulings are published during the Court's term at various times, but both judgments are officially announced before the Court adjourns for the summer. Near or on the last day of the term, some of the most contentious and highly contested decisions are published and are thus avidly awaited.

Many of the same actors that decide if the Court can award certification. In a case addressed earlier in this chapter, law clerks, the solicitor general, advocacy groups, and the news media also play a part in his decision-making. But the Supreme Court and its decision-making process are weighted by additional legal, personal, ideological, and political pressures. In the legal side, the courts, including the Supreme Court, are unable to make a decision until they have a case before them, and even though they have a case before them, the courts must decide on the facts of the case. Although the role of the courts is interpretive, the facts of the case, the Constitution, the relevant rules, and the own history of the courts still constrain judges and justices.

The judgments of a justice are informed by how he or she describes his or her position as a jurist, with some judges strongly believing in judicial activism or the need to protect individual rights and freedoms, and are aimed at preventing acts and laws by other branches of government that they see as violating these rights. It is more likely that a judge or justice who views the job through an activist lens would use his or her judicial power to expand personal rights, justice , and equality. Others also believe in judicial restraint, which causes them to delegate decisions to the elected branches of government (and therefore policymaking) and remain based on a narrower reading of the Bill of Rights. Such judges are less likely to strike down acts or legislation as unconstitutional and are less likely to concentrate on the development of individual freedoms. While it is usually the case that liberal acts are characterized as overly activist, it can also be activist for conservative decisions.

Judiciary critics also deride activist courts for involving themselves too deeply in matters that the elected legislative and executive branches claim are best left to them. As Justice Anthony Kennedy said, however, "An activist court is a court that makes a decision that you don't like. "[1]

The personal convictions and political attitudes of judges often matter in their decision-making. Although we would like to assume that a justice should leave political opinion or party affiliation outside the courtroom doors, the fact is that a more liberal-thinking judge would tend to make more liberal decisions and may tend toward more conservative ones by a more conservative-leaning judge. Although this is not true 100 percent of the time, and the actions of a person are often a cause for surprise, the power of ideology is real, and it sometimes guides presidents, at the very least, to pursue nominees that represent their own political or ideological profile. A future justice that is purely apolitical is certainly not possible to find.

And the courts themselves are impacted by another "case"-the public opinion case. While more removed from politics and the instability of the electorate, special-interest pressure, the leverage of elected or other public officials, the mass media, and the general public can still affect justice. As times change and the attitudes of the population change, the perception of the court is likely to keep up with those changes, lest the courts face the risk of losing their own meaning.

Take , for instance, decisions on sodomy laws: the Supreme Court upheld the constitutionality of the ban on sodomy by the State of Georgia in 1986,[2] but reversed its decision seventeen years later, invalidating sodomy laws in Texas and thirteen other states.[3] The Court certainly considered what had happened nationwide: in all states, sodomy was banned in the 1960s. That number had been reduced by about half by 1986. Thirty-six states had abolished their sodomy laws by 2002, and other states were only enforcing them selectively. No doubt, reforms in state legislation, along with an emerging LGBT movement, affected the Court and led it to the reversal of its previous ruling, Lawrence v. Texas, in 2003.[4]

The judiciary is tested and balanced by both the executive and legislative branches in several different ways. Even long after leaving office, the president will leave a lasting impression on the bench through his or her appointments. In cases where the United States is not a party, the president can also control the Court through the intervention of the solicitor general or through the submission of amicus briefs.

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