The case has to come to the Supreme Court. If the Supremes won't hear it, it must not have much merit.
Walt
No. I'm saying that federal courts may strike down a legislative or executive action as unconstitutional, and do so under the authority granted to them by the constitution itself and the legislation enacted under it. That same process also requires the losing party to file an appeal if he doesn't like the outcome.
The case has to come to the Supreme Court. If the Supremes won't hear it, it must not have much merit.
Oh really? Cause that would come as news to practically every university and college in the 5th Circuit's jurisdictional area, where affirmative action in admissions was stricken down as unconstitutional. The case ruled against them and the respective legislation that permitted them to use affirmative action, and as a result affirmative action cannot be used in those states' universities.