a decision of the us supreme court is enacted law or common law.
a decision of the us supreme court is enacted law or common law.
is a decision of the us supreme court enacted law or common law?
common law
after independence, english common law still exerted influence over american common law – for example, "byrne v boadle" (1863), which first applied the "res ipsa loquitur" doctrine. jurisdictions that have kept to the common law may incorporate modern legal developments from england, and english decisions are usually persuasive in such jurisdictions.









































in the united states, each state has its own supreme court with final appellate jurisdiction, while the us supreme court has the final say over federal matters, resulting in the development of state common law. by contrast, in australia, one common law exists.









































section::::common law.:overseas influences.:courts of final appeal.
english law
the us supreme court's decision in 1973's "roe v. wade" ruling meant the state could no longer regulate abortion in the first trimester. the us supreme court heard "ferguson v. city of charleston" in 2001. on appeal, the fourth circuit affirmed, but on the ground that the searches were justified as a matter of law by special non-law-enforcement needs. the supreme court had a 6 - 3 ruling in a case about a south carolina public hospital policy requiring all pregnant women to be drug tested. the supreme court ruled that the us constitution's fourth amendment protected women against unreasonable search and seizures, which mandatory drug testing was. the us supreme court reasoned that the interest in curtailing pregnancy complications and reducing the medical costs associated with maternal cocaine use outweighed what it characterized as a "minimal intrusion" on the women's privacy. the supreme court then agreed to hear the case. justice kennedy pointed out that all searches, by definition, would uncover evidence of crime, and this says nothing about the "special needs" the search might serve. in this case, however, kennedy agreed that "while the policy may well have served legitimate needs unrelated to law enforcement, it had as well a penal character with a far greater connection to law enforcement than other searches sustained under our special needs rationale."
abortion in south carolina