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To: Willie Green

"If lower court judges won't challenge previous SCOTUS decisions, then the SCOTUS will never have an opportunity to review and correct its previous errors."

Pretty sure it's not up to a lower court to "challenge" a higher court, unless it's in the context of a case. Here, she was answering questions in a vacuum. Perhaps Billybob can clear this up, or one of our other lawyers.



92 posted on 07/19/2005 8:49:05 AM PDT by John Robertson
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To: John Robertson
Pretty sure it's not up to a lower court to "challenge" a higher court, unless it's in the context of a case

Well, of course.
That's the way the system is supposed to work, isn't it?
A lower court can't directly overturn a SCOTUS ruling on a case.
But they can certainly judge similar cases on their own merits, and force the SCOTUS to either reaffirm or overturn previous decisions.

105 posted on 07/19/2005 8:58:20 AM PDT by Willie Green (Some people march to a different drummer - and some people polka)
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