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To: Non-Sequitur; GOPcapitalist
[N-S] No, a lower court may determine constitutionality if the Supreme Court declines to take their ruling under consideration. At that time, the lower court decision is accepted as the opinion of the Supreme Court.

No, the lower court (say 2nd Circuit) determines the constitutionality of a law within its own territorial jurisdiction. Such never becomes accepted as the opinion of the Supreme Court by denial of cert. If a court from another jurisdiction (say 9th Circuit) rules differently, the Supreme Court may decide to rule on the issue and resolve it.

When a lower court decision is not appealed to the Supreme Court, or cert is not granted, the lower court decision remains the precedent for that territorial jurisdiction but is not binding as precedent on any other jurisdiction as is a Supreme Court decision.

562 posted on 01/20/2004 11:51:43 AM PST by nolu chan
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To: nolu chan
While I agree that a Circuit Court may rule on cases in its district, I find the idea that something may be Constitutional in the 2nd District and not Constitutional in the 9th to be suspect. Only the Supreme Court can determine that.
594 posted on 01/20/2004 1:17:10 PM PST by Non-Sequitur
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