Answer :
Barnette, 319 U.S. at 640 or Abrams v. United States. The quote from Barnette sets up the idea that there is a difference between encouraging national unity and forcing it through law. The information from Abrams v. United States supports Brennan's claim that the Court's decision is not going to destroy public opinion of the flag.
How does the court come to a decision?
Typically, the Court hears matters that have been determined by the highest court in a particular state or the relevant U.S. Court of Appeals (if the state court decided a Constitutional issue). There are specific norms that apply to the Supreme Court. To accept a case, four of the nine Members of the court must vote in favor of it.
What are the court's steps?
The plaintiff/petitioner/complainant has filed a lawsuit in court against the defendant/respondent/opponent. Following the filing of the case, the opposing parties will get notice, followed by an order of the court. However, occasionally opposing parties will not get a court notice.
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