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2009-08-01 21:14:26
2009-08-01 21:14:26

Yes, they can.

However, if the decision involves a question of federal or constitutional law and the case is petitioned to the US Supreme Court for a writ of certiorari, and if the U.S. Supreme Court grants certiorari, and if the U.S. Supreme Court rules differently from the state supreme court, the state is bound by the U.S. Supreme Court decision under the doctrine of Stare decisis, which is abbreviated from a Latin phrase that means "let the decision stand."

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No. There are currently only three ways to reverse a U.S. Supreme Court decision.The Supreme Court can reverse its own decisions.Congress can pass legislation that nullifies a decision (as long as the new legislation is constitutional).Congress and the states can create and ratify a new Amendment to the Constitution.AnswerThey cannot overrule a state Supreme Court on a matter of state law. A state Supreme Court is the final arbiter of decisions involving state statutes and the state constitution. The U.S. Supreme Court can only overrule a state court if it determines that the court's ruling is contrary to federal or constitutional law.That is what occurred, for example, with Bush v. Gore in 2000. The U.S. Supreme Court ruled that the Florida Supreme Court's decision violated the equal protection clause in the U.S. Constitution because the recount procedures involved the counting of votes using different standards in different counties.


Yes, when there is a preserved federal question involved in the state supreme court's decision. Federal questions like the constitutionality of a state law are allowed to be raised and determined in state courts. If the state action goes to the state supreme court, but one party alleges that the state supreme court decision is wrong because it mistakenly interprets the US Constitution or federal statute, the US Supreme Court may, if it chooses, take an appeal from the state supreme court decision.If the state supreme court decision is based entirely on the state constitution or state statute with no issue of a federal nature, then the US Supreme Court has no jurisdiction and may not hear the case.When the case has been decided by the highest state court of appeals (state Supreme Court), involves a question of federal or constitutional law, and a party to the case has petitioned for a Writ of Certiorari from the US Supreme Court.Likewise, if a case on appeal from a state supreme court is denied a writ of certiorari from the US Supreme Court (as happens 98-99% of the time), the decision of the lower court is final.


The authority to overrule state courts.


No. Rulings from states are only overruled if the decision is taken to the Supreme Court.. The court doesn't take all cases. The president does not have anything to do with any of this nor is he able to as set by the constitution .


Just because the state doesn't agree, if the US Supreme Court renders a decision in your favor the state must comply! There is no higher court than the US Supreme Court - the state cannot file an appeal.


an Appelate-level court or the Supreme Court (either state or federal) may do so.


The supreme court is the court of last resort in the federal legal system and federal courts can overrule state courts. The Supreme Courts also settles disputes between states,such as the location of state borders .


It means the US Supreme Court disagreed with the decision of the state supreme court on that particular case, and sent the case back to the state court with specific instructions on what action needed to be taken to correct the problem.


A U. S. president cannot reverse a U. S. Supreme Court decision or the decision of the Supreme Court of any state or territory.


That depends on the case. Often, the state supreme court is the end of the road for a case, making the decision of the state supreme court final and binding. Sometimes cases involved federal questions (issues arising under the US Constitution or federal law) that allow them to be appealed to the US Supreme Court. If the US Supreme Court hears such a case, it may affirm or overturn the state supreme court decision.


The constitution clearly gave the U.S. supreme court the power to overrule state laws that violate the Constitution or the laws made by congress.


The two ways in which a decision of the US Supreme Court can be overturned are: the court can reverse itself, or the US constitution can be amended.


If a state court declares a state law unconstitutional, the state will probably appeal the case to the state supreme court. If a state court declares a federal law unconstitutional, the losing party in the case will appeal the decision in the federal courts. The case could ultimately be heard by the US Supreme Court; however, if a lower court reverses the state court's decision and either the appropriate US Court of Appeals Circuit Court or US Supreme Court decline to consider the case, the decision of the lower federal court would be final. The US Supreme Court is the ultimate arbiter of constitutionality.


A case can be appealed from a state supreme court to the US Supreme Court when there is a preserved federal question involved. A "preserved federal question" means the case raises issues about the US Constitution, federal law, or a US treaty at each step of the judicial process -- from trial through appeals.Federal questions about the constitutionality of a state law may be raised and determined in state courts. If the state action goes to the state supreme court, but one party alleges that the state supreme court decision is wrong because it mistakenly interprets the US Constitution or federal statute, the US Supreme Court may consider an appeal from the state supreme court decision on a petition for writ of certiorari.If the state supreme court decision is based entirely on the state constitution or state statute with no issue of a federal nature, then the US Supreme Court has no jurisdiction and may not hear the case.


The US Supreme Court can overturn a State law that is repugnant to the US Constitution (violates a provision of the Constitution that is applicable to the States), but only if the law is relevant to a case under the Court's review.


In order to protect the checks and balances of the government the Supreme Court can find a piece of legislation unconstitutional, but their decision can not be overridden by the President. The only way that the decision of the Supreme Court can be overruled is by them reversing their decision or the constitution of the state being revised. The President has the power to appoint Justices to the Supreme Court - with confirmation by the Senate but once they are on the bench, their rulings are binding and the President cannot overrule them. The most that the President could do is persuade Congress to impeach a member of the Court (otherwise they serve until they either resign/retire or until they die). The President could also work with Congress to pass a Constitutional Amendment to overturn a ruling by the Supreme Court.


Cushing and Moore took no part in the consideration or decision of the case. ... The case resulted from a petition to the Supreme Court by William Marbury, who ... the Supreme Court to force the new Secretary of State James Madison to deliver.


You need to provide some details regarding the situation. Family court matters rarely reach the Supreme Court (state or federal). However, if a case reached that level and the Supreme Court rendered a decision it could not be 'superseded' by a family court level judgment in the state affected by the decision.


State supreme courts cannot lawfully overturn US Supreme Court decisions, per the Supremacy Clause of Article VI of the Constitution. The only ways a decision may be overturned is by the Supreme Court itself or by constitutional amendment.


ALL lower courts, both state and federal, can be reviewed by the Supreme Court. Every court in the nation is subordinate to the US Supreme Court.


Technically no, because all states have autonomous jurisdiction. A US District Court decision is persuasive authority over a state court. A US District Court is a federal court, not a state court. A state supreme court decision however, is binding authority on a state appeals court level, and a trial court decision in that state would still be persuasive because its from a lower court. The decision from the Virginia Court of Appeals, however, becomes a binding authority over the state court.


The U.S. Supreme Court reversed the State of New York's decision on this case.


Usually, ones that state they are appointed for life.


No. Congress does not have the authority to overturn a Supreme Court decision because of constitutional separation of powers.No single entity - not the President, Senate, House of Representatives, state Governors, nor anyone else - has the power to overturn a US Supreme Court ruling. Supreme Court decisions cannot be nullified by other parts of government.The Supreme court can overrule it's own rulings.The Constitution can be amended. This would require a two-thirds vote of both houses of Congress, and ratification by three-quarters of the states (actually, at least 39).Optionally, Congress can rewrite a law to conform with Constitutional standards, which is the most frequent response to the Supreme Court overturning a law.


Yes. Federal law comes before and above any other law until challenged and taken to the supreme court.



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