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I'm in law school. If a federal court makes a decision interpreting a state law (in other words, federal courts sometimes will rule on a state law matter based on how they perceive the state courts will) then a state supreme court can in essence overrule.


41 posted on 11/01/2004 5:21:36 PM PST by pabtahian
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To: pabtahian

If the federal court has jurisidiction, then the matter is not entirely an issue of state law (unless there's diversity, not at issue here.) TO my knowledge, the 6th Circuit is presently taking up the issue of challenges within the polling place, and there's federal jurisdiction under a federal statute - I forget the name of the statute; it's some good government federal election law passed post Florida-2000.

Under the Supremacy Clause, if the 6th Circuit nixes challenges within the polling places, that trumps the state court.


58 posted on 11/01/2004 5:30:30 PM PST by BCrago66
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