this post was submitted on 19 Feb 2024
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chapotraphouse

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[–] [email protected] 4 points 8 months ago* (last edited 8 months ago)

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.