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Forgive my ignorance of the judicial system, but why would the issue be returned to the lower courts? My understanding is that a Supreme Court decision was abo
by DanBlake 12y ago
Forgive my ignorance of the judicial system, but why would the issue be returned to the lower courts?
My understanding is that a Supreme Court decision was about as final as something could get- Is there any paths to Aereo being able to win some other battle and potentially come back to life?
Can you appeal a Supreme Court decision?
- eli 12y agoIANAL, but I believe the Supreme Court only ruled on one specific claim in the lawsuit not the lawsuit itself. There were other claims and the lawsuit is technically ongoing, but this one crucial aspect has been decided. No, you cannot appeal a Supreme Court decision.
- seliopou 12y agoYou can't appeal a Supreme Court decision, but you can invalidate it by changing the law or amending the Constitution.
- mikeryan 12y agoThe Supreme Court doesn't make rulings on cases they make rulings on matters of law. Most frequently, and in this case, the matter of law in front of the Supreme Court, (does Aereo's service infringe on copyright) is a core tenet of the case so it will mean the case will be lost for Aereo. However there's still a lot to be wrapped up in the lower court for example if there are damages to be paid etc. A better example is the Cell Phone Search where they just ruled you can't search cell phones (again a matter of law). I believe in this case there were two defendants who had their phones searched during relatively routine arrests which led to greater crimes and charges. My understanding is that one case will lead to the defendant being released but the other case had enough evidence without the cell phone data that he can still be convicted.