Legal Question in Constitutional Law in California

U. S. Supreme Court

Under what circumstances will the United States Supreme Court defer to the state court?


Asked on 1/31/02, 7:07 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: U. S. Supreme Court

This occurs when the State court rules on an issue solely of State law, with no implications for Federal law or the U.S. Constitution. Most cases fit into this description.

Generally speaking, if the Supreme Court of a State says "This is what our State law means," the U.S. Supreme Court will not overrule them. Many observers believe that the Supreme Court's majority decision in Bush v. Gore (the Florida election case) overstepped this line, but other examples of such decisions would be hard to find.

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Answered on 1/31/02, 8:05 pm


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