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  1. #1
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    Oct 2014
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    Question Local and State Courts Not Following U.S. Supreme Court Precedent

    My question involves civil rights in the State of: Mississippi

    What action can be taken against local (city, county) and state courts when the judges of these courts outright defy and overrule well established case law in the US Supreme Court on the topic of civil rights?

    How can courts be compelled or forced to obey US Supreme Court precident if the judge just doesn't want to?

    I've found a lot of legal books that state stuff like "State courts applying federal law are bound by decisions of the U.S. Supreme Court." - but nothing citing any authority for that claim, or anything about what to do when State courts applying federal law issue decisions that directly contradict the U.S. Supreme Court.

    Is it just assumed that these cases will somehow make their way to the U.S. Supreme Court and the Court will not only reverse the lower court ruling but shame the judges who tried to overrule them, and so the judges are supposed to follow precident out of fear of public embarassment, or is there some rarely-used option for when this happens that is just hard to find out about?

    Thanks in advance for any help.

  2. #2
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    Default Re: Local and State Courts Not Following Us Supreme Court Precident

    You are likely to get the same answers here as you got in the other forum you asked this, as many people are members of both. You aren't gonna like our responses any more here.

  3. #3
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    Default Re: Local and State Courts Not Following Us Supreme Court Precident

    Wow. Some people are pretty controlling. Ever think of just not replying to threads you don't like and questions you can't answer?

    Asking a question on a different forum in hopes of getting an actual answer doesn't have anything to do with those members.

    Those who are members of both and have replied to other threads on the subject can just behave like adults and not reply to this thread.

    Thanks.

  4. #4
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    Default Re: Local and State Courts Not Following Us Supreme Court Precident

    you can appeal the ruling, provided that the time frame for doing so has not already passed.

  5. #5
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    Default Re: Local and State Courts Not Following U.S. Supreme Court Precedent

    If you choose not to share any of the relevant facts, there will continue to be no basis to comment on your concerns.

    You may appeal your case through the state system and, if you continue to have a properly preserved federal constitutional issue, appeal the outcome through the federal courts. In some contexts you may be able to resort to the federal courts without exhausting all of your state appeals, but you've shared no relevant facts.

  6. #6
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    Default Re: Local and State Courts Not Following Us Supreme Court Precident

    Quote Quoting justmore
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    Wow. Some people are pretty controlling. Ever think of just not replying to threads you don't like and questions you can't answer?
    I was just trying to be polite and provide you some information. Catching an attitude this quick ain't gonna help you.

    Quote Quoting justmore
    View Post
    Asking a question on a different forum in hopes of getting an actual answer doesn't have anything to do with those members.
    Just saying you are going to get similar or the same responses since there are a lot of people on both.

    Quote Quoting justmore
    View Post
    Those who are members of both and have replied to other threads on the subject can just behave like adults and not reply to this thread.
    If you ask the question here, they can reply here as well.

    Quote Quoting justmore
    View Post
    Thanks.
    Your welcome.

  7. #7
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    Default Re: Local and State Courts Not Following U.S. Supreme Court Precedent

    Quote Quoting justmore
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    Is it just assumed that these cases will somehow make their way to the U.S. Supreme Court and the Court will not only reverse the lower court ruling but shame the judges who tried to overrule them, and so the judges are supposed to follow precident out of fear of public embarassment
    Judges don't get shamed when they get reversed on appeal nor do they make their decisions out of fear of public embarrassment.

    Are you asking because you lost a case in a lower court? If yes, give us some specifics. If no, you've probably got all the answers you're going to get.

  8. #8
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    Default Re: Local and State Courts Not Following U.S. Supreme Court Precedent

    Quote Quoting adjusterjack
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    are you asking because you lost a case in a lower court? If yes, give us some specifics. If no, you've probably got all the answers you're going to get.


    I'm asking in general since I'm trying to find a definitive, tangible basis in the legal system for this belief that judges in state courts have to obey prior rulings of the Supreme Court.

    Something more than just "because that's how it's supposed to be". What actual authority compels a judge to obey the ruling of a higher court?

    I'm not referring to a specific case since that just attracts the legal forum trolls, noted above, who like to read personal details of a case, avoid answering the question that was asked to instead make judgements about whether or not a case has any merit, and then say "ask a lawyer" because they don't know, so that means nobody else on the internet could know either.

    If that's all the answers I get, fine, but I'm sure someone out there has some good insight on this.

  9. #9
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    Default Re: Local and State Courts Not Following U.S. Supreme Court Precedent

    By and large, judges are bound to precedent by the possibility that they will be appealed and reversed.

    Your irrational refusal to ask a meaningful question will prevent you from getting an answer relevant to your situation.

  10. #10
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    Default Re: Local and State Courts Not Following U.S. Supreme Court Precedent

    In addition, what one Federal court circuit decides is not binding on other Federal court circuits, so you need to make sure the decision was in your circuit before going through all the appeals. If the case law was set, it should have been referred to in your case to set the stage for appeal up the ladder.

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