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Under Canadian law, the reference question mechanism is equivalent to an advisory opinion. The Supreme Court Act gives the federal Cabinet the power to refer questions to the Supreme Court of Canada on any questions of law. [5] The Supreme Court then has jurisdiction to hold a hearing on the reference, just like an appeal.
The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.
In the law of the United States, a certified question is a formal request by one court from another court, usually but not always in another jurisdiction, for an opinion on a question of law. These cases typically arise when the court before which litigation is actually pending is required to decide a matter that turns on the law of another ...
Trump’s case is different from the Supreme Court review granted to Joseph Fischer, the man appealing multiple federal crimes for his role in the January 6 breach of the US Capitol, writes Dennis ...
Editor’s Note: Steve Vladeck is a CNN legal analyst and a professor at the University of Texas School of Law. He is the author of the“One First” Supreme Court newsletter. The opinions ...
The adequate and independent state ground doctrine states that when a litigant petitions the U.S. Supreme Court to review the judgment of a state court which rests upon both federal and non-federal (state) law, the U.S. Supreme Court does not have jurisdiction over the case if the state ground is (1) “adequate” to support the judgment, and ...
The homelessness and 'Chevron deference' Supreme Court decisions change law for the worse. They never would have happened if Hillary Clinton had won in 2016. Opinion: The Supreme Court's purely ...
Kimbrough v. United States, 552 U.S. 85 (2007), was a United States Supreme Court case in which the Court confirmed that federal district judges utilize, in an advisory (not as law) fashion, Federal Sentencing Guidelines, in cases involving conduct related to possession, distribution, and manufacture of crack cocaine.