[LawyerRon]

Jenni,

Quote:
"LawyerRon, how often does a court step in without being asked to, like this one did? What gives them the authority to do that?"

Sometimes a court can raise an issue "on it's own motion", and the legal term for this (latin) is "sui spante". Most State Courts can raise an issue "on its own motion".

However, the U.S. Supreme Court, following language in the Constitution, can only hear "Cases or Controversies". This means you must have suffered some sort of injury first. It can't raise issues on its own motion.

For instance, if I start a public business, but I do not allow women, you can't just immediately file for relief in the U.S. Supreme Court. You must first try to get in the business and be denied. NOW you have suffered an injury and the Supreme Court "could" hear your case if they wanted to. They won't help you just because you "are about to suffer injury".

Thus, the U.S. Supreme Court does not issue "Advisory Opinions" like the U.S. Tax Court, etc, and they do not raise issues "sui spante" on their own motion".

Now, if George Bush loses the election and can allege some sort of Constitutional Violation (usually 14th. Am. Due Process violation) he "could" theoretically be heard before the U.S. Supreme Court, but he would have to LOSE the election first, thereby suffering injury. He can't get in by saying " hey, they are doing something wrong and if you let them do it, I will lose the election".