The Appeal of States

In replying to a recent email I was reminded of some notes I made previously on an “extreme federalist” theory of mine that I came up with in law school. The outline is below, along with elaboration in the email reply. The Appeal of States Under the “independent adequate state grounds” doctrine, If a state court decision rests on “independent and adequate state grounds,” then regardless of how the U. S. Supreme Court resolved the federal issues presented in the case, the result of the case would remain unchanged. The Court has said that were it to accept jurisdiction in … Continue reading The Appeal of States