How could lower judges ignore the US Supreme Court?
score:4
Chiefly I believe because those people were not from Virginia, and had thus never been directly ordered by anyone to comply.
Generally the way these things work is that when the SCOTUS makes a decision on a local case that clearly applies nationwide, lower court justices nationwide will start using their interpretation of that decision in their own jurisdictions. If that decision contradicts a law or state constitution, any attempt to litigate a violation of that law will be stopped in a lower court because its pretty clear what the higher courts would say if it went all the way up to them.
What you had here was an issue that was so sensitive in Alabama that no elected or politically appointed lower court judge either dared or desired to make that call. So the old law kept getting enforced until someone actually bothered to push a case specifically against it clear up to the higher courts.
Upvote:1
Federal courts do not have any direct power over state courts, they can only overturn their decisions and only when a case is appealed to the Federal court.
The Supreme Court decision in Loving only nullified a Virginia law. To nullify an Alabama law, that law would have to be appealed to a Federal court as well. In practice, since the Alabama law may have been similar to the Virginia law, the local state judges should have dismissed any cases brought under those laws, but they were under no compulsion to do so. Likewise, it was the duty of the Alabama legislature to repeal any laws that the court had decided to be unconstitutional, yet they did not do that.
Judges, including those on Supreme Court, often make blatantly indefensible decisions for purely political reasons.
More post
- 📝 Hunting in Armour in Medieval Europe?
- 📝 How historical are early Chinese (Shang dynasty and earlier) dynastic records?
- 📝 Why did Stalin keep the famine of 1932 a secret?
- 📝 Are there any Ancient Greek texts showing concern for the fate of their slaves?
- 📝 Did Western China have special-named martial arts during Islamic era?
- 📝 During the Indian removal were native Americans fed rotten food and taken through diseased areas?
- 📝 Which Confederate State provided the most troops in the American Civil War?
- 📝 Muslim population in Islamic Iberia
- 📝 What was the role of Konstantin Rokossovsky during WW1?
- 📝 Why didn't the Greeks or Romans have an Industrial Revolution?
- 📝 What regiment is this (~1826-1861) French cuirass cavalry uniform?
- 📝 What was the life expectancy of an ancient Roman child and adult?
- 📝 Who was the first head of government to support same-sex marriage?
- 📝 Was David Ben-Gurion's marriage to Paula in December 1917 in New York?
- 📝 What is the earliest mention of space travel?
- 📝 Why did the Ottomans rebuild Byzantine gates to a smaller format?
- 📝 What is going on in this depiction of a mosque scene?
- 📝 Why did France surrender so quickly during ww2?
- 📝 Why is the island of Java so populated?
- 📝 How did people sleep on historic ship types?
- 📝 What are the historical equivalents of cooperative storytelling like modern role-playing games?
- 📝 What is the 'rank switching' done by Roman Legionnaires in HBO's 'Rome' called, and did it actually happen?
- 📝 What is the first recorded dog name?
- 📝 Did the German authorities respell Polish personal names to be more German during the time of the German Empire?
- 📝 Which material did the Vikings drink Mead from?
- 📝 How popular was Mozart in France before WWII and after it?
- 📝 Did Soviet Republics like Kazakstan and Azerbaijan have their own military units?
- 📝 Why didn't all non-Russian states become independent during the collapse of the Soviet Union?
- 📝 Why did Uesugi Kenshin never marry? Was it common practice for Japanese Buddhists of the time?
- 📝 Why don't tanks have radar aimed guns?
Source: stackoverflow.com
Search Posts
Related post
- 📝 How could lower judges ignore the US Supreme Court?
- 📝 How did the Supreme Court case Lochner vs. New York influence the U.S. economy?
- 📝 In the Battle of the Coral Sea, how could two Japanese scouts grossly mis-identify two American ships?
- 📝 How did gold come to symbolize lower ranks than silver in the United States Air Force?
- 📝 How quickly could the Roman legions march? How did it compare to their cavalry?
- 📝 How could Eratosthenes measure the circumference of the Earth?
- 📝 What does it mean that the early supreme court "gave themselves" the power of judicial review?
- 📝 How many British navy officers were from lower classes at the end of 18th century?
- 📝 How could it be that 80% of townspeople were farmers during the Edo period in Japan?
- 📝 How far away could one be and still see the atom bomb explosions?
- 📝 How could black men serve as officers in the US army during segregation?
- 📝 How much gunpowder could the average Napoleonic ship of the line carry?
- 📝 How did they measure speed in the 19th century so they could issue the first speeding ticket?
- 📝 How could ancient people determine the winter solstice was occurring?
- 📝 How did lower classes with aspirations to high social standing greet each other in the Paris of the 1630's?
- 📝 How was the lower chamber of the Japanese Imperial Diet elected under the Meiji constitution?
- 📝 How could nonconformist Protestants be buried in graveyards controlled by the established Church before 1880?
- 📝 During the Middle Ages, how many people could be fed by fishing?
- 📝 Why are lower court jurists, judges, and supreme court jurists, justices?
- 📝 How did Farragut know he could get his fleet through the Confederate line of "torpedos" at Mobile Bay?
- 📝 What influenced the Supreme Court to overrule precedent in Afroyim v. Rusk?
- 📝 How could the Roman sestertii/sesterces be converted into modern terms (say 2017 US$)?
- 📝 How could the 4/5 devaluation of Franc Poincaré in 1928 end the financial crisis France was going through?
- 📝 How could someone avoid US military service in the early 1950's?
- 📝 How could the USS Maine explosion have been investigated?
- 📝 How could I find the original text of Leonardo Da Vinci's fable "La fiamma e la candela"?
- 📝 How could one understand the essence of Greek mythology and the deep meanings? Understanding the belief system of Ancient Greeks
- 📝 How could a prisoner get lessons to read, write and do mathematics in jail, while innocent people didn't get the basic knowledge in 18th-19th century?
- 📝 How could I determine the value of a a 1921 Yuan Shikai Chinese silver dollar?
- 📝 How could wells back in the day work?