Supreme Court Dismissal of State Court Appeals for Want of a Substantial Federal Question, The
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Authors
Nicolarsen, Michaela M.
Issue Date
1982
Volume
15
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|When the Supreme Court dismisses an appeal from a state's highest court for want of a. substantial federal question, the dismissal stands as binding precedent on all lower courts. Nevertheless, the Supreme Court itself is not astringently bound by the decision under the rule of stare decisis. This article will consider this ambivalent practice, concentrating on its undesirable repercussions and the questions it raises about meaningful appellate review. In suggesting some corrective measures for problems raised by this practice, the discussion raises questions about what should be the res judicata/collateral estoppel effect of dismissals for want of a substantial federal question. The emphasis throughout the article is on the need for a principled and consistent Supreme Court practice. Congress provided for Supreme Court review of state court decisions in 28 U.S.C. section 1257. The statute permits review by either appeal or certiorari, depending on the nature of the issues presented...
Description
Citation
15 Creighton L. Rev. 749 (1981-1982)
Publisher
Creighton University School of Law