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Name:
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MAJ USA RET
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Subject:
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But did not the court rule recently that
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Date:
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7/4/2023 1:37:16 PM (updated 7/4/2023 1:39:13 PM)
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“But did not the court rule recently that… Courts can overrule the state legislature on election rules?”
I am not aware that SCOTUS ruled such (need a citation). However, the SCOTUS will not get involved unless a) The appellant has standing, and b) the ruling of the lower court may be unconstitutional. The SCOTUS does not have to take on an appeal or petition – it can let the lower court’s ruling stand.
Whether the Justices agree with the politics, policies, or rulings, the current SCOTUS will not likely take on a case unless it has the probability of being unconstitutional.
For example:
Lawyers for Civil Rights, a nonprofit organization based in Boston, filed its civil rights complaint to the Department of Education Office of Civil Rights (OCR) alleging that the Harvard University’s legacy admissions system does not weigh merit and takes acceptance spots away from students of color.
https://dailycaller.com/2023/07/03/harvard-university-civil-rights-complaint-legacy-admissions/
The Supreme Court will not likely take this case if it comes to them - unless the case comes before a lower court and that court oversteps its authority and makes an improper judgement (i.e. unconstitutional). Substitute “Howard University” for “Harvard University” and you get my drift. University legacy programs are not racially focused and because of alumni gifts and endowments, can be found to be a net benefit to minority, poor, and disadvantaged sub-populations within the student body.
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