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Answered 2011-05-05 03:28:34

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.

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The US Supreme Court is the final arbiter of the Constitution, so its role in judicial review is that of making the ultimate decision about what is, and is not, constitutional.

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