chapotraphouse

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And libs still think Dems are holding back fascism (hexbear.net)

submitted 8 months ago by [email protected] to c/[email protected]

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[–] [email protected] 10 points 8 months ago (2 children)

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.

[–] [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.

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