Quote:
Originally Posted by Itse
Out of thanks but thanks. This is pretty much how I thought it is, but I was a little vague on the details.
Do you happen to have an idea on why it is like this? Like, historically speaking, why have a system where a single judge can overrule an executive order? (And not some super special judge either, as there's thousands of these district court judges (says wikipedia).)
|
Part of the checks and balances. The judiciary has oversight on the constitutionality of laws. Any challenge would first go to district court for a ruling before working its way up. Because the SC is not always sitting and as cases are usually very time sensitive, the petitioners need their day in court asap. The SC, I believe, will actually pick and choose which cases from the appellate court it will hear. They receive petitions on cases from the AC and will refuse to hear them, itbis not automatic that a federal case will end up before the SC.