Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Politics and Other Controversies
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 01-08-2020, 08:07 PM
 
Location: Ohio
1,037 posts, read 435,522 times
Reputation: 753

Advertisements

Are all state Supreme Courts bound by decisions of federal district/appeals courts in their same jurisdiction, or just bound by United States Supreme Court decisions?

I say NO.

What say the gallery?
Reply With Quote Quick reply to this message

 
Old 01-08-2020, 10:25 PM
 
Location: Los Angeles
8,555 posts, read 10,981,308 times
Reputation: 10808
Quote:
Originally Posted by LTU2 View Post
Are all state Supreme Courts bound by decisions of federal district/appeals courts in their same jurisdiction, or just bound by United States Supreme Court decisions?

I say NO.

What say the gallery?
The name say's it all, The United States Supreme Court.
It is supreme for a reason.


Bob.
Reply With Quote Quick reply to this message
 
Old 01-08-2020, 10:30 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521
Lower courts have precedence until it is taken up in a higher court.


Even rulings made in the 9th, set precedence for other litigation. Say, used in the 5th, but may be overturned.


The 10th amendment has precedence over State issues.
Reply With Quote Quick reply to this message
 
Old 01-08-2020, 10:39 PM
 
Location: Ohio
1,037 posts, read 435,522 times
Reputation: 753
Quote:
Originally Posted by CALGUY View Post
The name say's it all, The United States Supreme Court.
It is supreme for a reason.


Bob.
Answer: Some state Supreme courts have ruled they are not obliged to follow any federal court ruling except the U.S. Supreme court.
Reply With Quote Quick reply to this message
 
Old 01-08-2020, 11:31 PM
 
Location: Ohio
1,037 posts, read 435,522 times
Reputation: 753
Some cases:

State v. Burnett 93 Ohio St. 3rd 419

State v. Coleman 46 NJ 16, 214 A. 2nd 393, 402-403

Nat. Bank v. Stewart 212 Iowa 1229, 232 N.W. 445-454

One exception: S.Ry Co. v. Gray 241 U.S. 333, 338-339.
concerning (FELA)
Reply With Quote Quick reply to this message
 
Old 01-09-2020, 12:09 AM
 
Location: Haiku
7,132 posts, read 4,769,652 times
Reputation: 10327
The Supremacy Clause is not specific to the courts, it affects state legislatures also. All it says is that Federal law takes precedence over state laws. So no court, either Federal or State, at any level, can issue a legal finding that would put a State law in conflict with Federal law.

If there is no conflict of Federal law with state law, the State Supreme Court is the final authority and there is no further appeal possible and neither SCOTUS or the Federal Appeals courts can affect the state law. But if there is conflict, in particular, if the state law being reviewed by a state supreme court is possibly in conflict with the US Constitution, than this meets the requirement for the Federal courts to review it and possibly overturn a state law.

So, for instance when SCOTUS found that same-sex marriage is protected right, the Supremacy Clause makes that over-ride any state laws that banned it. Likewise, no state can pass a law, nor can a state court make a finding, that is more restrictive than the Heller finding that said that hand guns are allowed under the Second Amendment.

Last edited by TwoByFour; 01-09-2020 at 12:20 AM..
Reply With Quote Quick reply to this message
 
Old 01-09-2020, 10:40 AM
 
Location: Ohio
24,621 posts, read 19,170,143 times
Reputation: 21738
Quote:
Originally Posted by LTU2 View Post
Are all state Supreme Courts bound by decisions of federal district/appeals courts in their same jurisdiction, or just bound by United States Supreme Court decisions?

I say NO.

What say the gallery?
It depends.

The purpose of federal courts is to answer federal questions. If it is not a federal question, then it has no bearing on State supreme courts or lower courts in the State.

Federal courts have another function, and that is to resolve disputes when there is a diversity of citizenship.

Diversity of citizenship occurs when the plaintiff and defendant reside in different States and the damages exceed $75,000. Generally, the federal court applies the laws and case-law of the State in which it is located.

Federal courts have jurisdiction when the United States is plaintiff/defendant.

Also, concurrent jurisdiction.

The Fair Debt Collection Practices Act and Fair Credit Reporting Act are two good examples. You have a choice of filing in State or federal court. However, if you file in State court, be aware that the defendant has the option of removing the case to a federal court.
Reply With Quote Quick reply to this message
 
Old 01-09-2020, 12:39 PM
 
Location: The Republic of Texas
78,863 posts, read 46,634,918 times
Reputation: 18521
Article VI, Section 2 - The Supremacy Clause....
Read it for yourselves.
https://constitution.laws.com/supremacy-clause




Quote:
The Supremacy Clause is that which derives from Constitutional law and sets forth that three distinct areas of legislation be at the forefront. It states that the Constitution, Federal statutes, and United States treaties encompass the “supreme law of the land”, therefore making them the highest areas of law possible within the legal system of America. Additionally, the Supremacy Clause maintains that State legislatures assume, in one way or another, the guidelines and procedures set forth by the Federal Government. This is due to the presentation of two issues that stem from State and Federal conflict. These include Congress’ surpassing of its original authority as well as its overall intent in going over that of State policy.



https://constitution.laws.com/supremacy-clause

Quote:
A case that highlighted such issues of Federal law presuming power over State action is that of Pennsylvania v. Nelson. In this case, the Supreme Court instituted qualifications for when the Government does encroach upon the rule of states, even when absent of apparent intent. These include that the Federal law is so extensive that states may not be able to adequately supplement it, the fact of the “Federal interest’s dominance,” and whether “State law” is in so much of a contrast to the Federal administration that it may only do harm to it.
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Politics and Other Controversies

All times are GMT -6. The time now is 11:31 AM.

© 2005-2024, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top