Originally Posted by
SonicFlyer
When the SCOTUS gets it wrong either juries or state governments can nullify its decisions.
so are you saying when the Supreme Court rules on a case, a state can overturn it if it doesn’t agree with it? Does that mean states can write their own laws that violate the U.S. Constitution and thumb their nose at a Supreme Court ruling? Maybe a state thinks they don’t need a search warrant and can do whatever it takes to obtain evidence in a case, throwing out the 4th amendment rights of all citizens. How does that work, exactly, professor?
Roe v Wade protected the right to choose and even the states that didn’t like it couldn’t prevent it from happening until a challenge to that ruling had SCOTUS reversing the 50 year old decision and decided it wasn’t a constitutional issue and therefore states were left to decide on it.
But that’s not a jury or state government “nullifying” a decision, as you say. That was a formal challenge that SCOTUS had to address and decide whether or not the constitution applied to a case. Do you have examples of where a state or jury outright decided a SCOTUS decision to be wrong and then went ahead and did their own thing, like violating 4th amendment rights of someone?