The Role of Lower State Courts in Adapting State Law to Changed Federal Interpretations
14 Pages Posted: 27 Sep 2011
Date Written: 1994
It is by now well accepted that when the United States Supreme Court changes its view on an issue, state supreme courts are generally free to retain the surpassed federal rule as a matter of state constitutional law. A great deal of advice in the literature directed to state supreme courts suggests how the decision to follow or not to follow the new federal precedent should be made. Ultimately, the state supreme court has authority to make this decision by whatever methodology, or lack thereof, the court chooses.
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