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  1. #1

    Default State Supreme Court Rulings and How They Apply to the Statutes of Other States

    When lobbying for or against legislation pertaining to civil rights and the rights of individuals and groups of individuals, how much bearing does the ruling of the Supreme Court of another state carry?

    Is it appropriate to refute or support the constitutionality of a statute based on the ruling of another state's Supreme Court?

  2. #2
    Join Date
    Aug 2007
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    3,835

    Default Re: State Supreme Court Rulings and How They Apply to the Statutes of Other States

    ANY court decision if a rights issue that supports one stance, even if it out state, should be cited.

    Since each state is a seperate soverign, the weight of the argument is up to the body or court faced with similar impressions.

    As an example, one U.S. Circuit court of Appeals is not bound to follow a ruling of another, although if it is a matter of 1st impression in thiers, they look to other courts for guidance.

    That is one criteria under the Supreme Court Rules whether to grant a Petition for Certiorari or not, if 2 or more Sister Circuits conflict.

  3. #3
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: State Supreme Court Rulings and How They Apply to the Statutes of Other States

    Federal law apparently has nothing to do with this situation.

    State Supreme Courts interpret their state's constitution and it applies to that state only. If it implicates the US Constitution it might be challenged in federal court but that is a long shot.

    If another state has the same statute and has ruled on that statute and your state has not, then you could cite those cases as guidance for the court. You could make use of the legal arguments provided they are not too fact specific. The case is guidance but it is not controlling, meaning that no court in another state has to follow it.

    Also, keep in mind that state appeals courts can also come to different decisions, and the conflict will usually be resolved by their supreme court.

    You will also find that appeals courts and especially state supreme courts will usually decide only the points of law they have to decide. Most decisions are narrowly tailored and you really need a good legal mind to understand exactly what they say and their application. It is rare that a high court rules on the actual constitutionality of a statute.

    You obviously are not an attorney and it sounds like you are in over your head.

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