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.
Answered on 1/31/02, 8:05 pm
Related Questions & Answers
-
Legal Age for the State of CA What is the Legal Age in the State of California? Asked 12/18/01, 12:53 pm in United States California Constitutional Law
-
Website covers an illegal event, but doesn't condone it? I run a website,... Asked 12/17/01, 12:33 pm in United States California Constitutional Law