this post was submitted on 19 Feb 2024
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chapotraphouse
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Can someone more knowledgeable on legal stuff tell me, is there a step past this? Can this be appealed to a federal court? It’s state law but this state law pretty clearly violates the first amendment so I’m not sure how that works.
At a high enough level "legal stuff" works the same way as politics.
Whoever has enough power to enforce their ruling gets to decide what everything means. Everything else is just a facade to keep people from operating under this framework.
It's why you have the Supreme Court making rulings like "this ruling is specific to this case and should not be interpreted as precedent if it would be obvious the same logic could be used against us"
It's why they put the word "wrongly" before destroyed. So that anytime they destroy human life its correct and fine but anytime anybody does something they do t like that wrong and therefore an agronomy to God.
It's literally what the country was founded on "we belive all men are created equal, slavery is totally cool."
In short they're going to do whatever the fuck they want and "what are you going to do about it" is their legal justification.
The technical answer is that a decision by a state supreme court can only be appealed directly to the SCOTUS, who has to choose to take it up. This section specifically cannot be appealed because it is a concurring judgment which does not make law, and would probably be considered non-binding orbiter dictum regardless.