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Is it not possible to appeal an individual state's supreme court decisions to the US Supreme Court?

s73v3r_ 8y ago
You can sometimes go from the state Supreme Court to the US Court of Appeals and then to the SCOTUS, but usually only if the case tends to involve some kind of question concerning the US Constitution. Otherwise those courts may decline to hear the case.
- rayiner 8y ago
  To challenge a state Supreme Court decision, you'd file for certiorari to the U.S. Supreme Court under 28 U.S. 1257. However, there must be an issue of federal law (federal constitution, statute, or regulation). If there is not one, or the only federal issues would not change the outcome, the Supreme Court lacks the power to hear the case, because state supreme courts have the last word on issues of state law. Here, the case is primarily about West Virginia law (impeachment under WV law, who can enforce the Code of Judicial Conduct). There is a federal due process issue, but it can't change the outcome--the WV Supreme Court found the impeachment illegal under WV law, so it doesn't really matter whether it's also illegal under federal due process law. In that case, the state-law decision is called an "adequate independent ground," and the Supreme Court lacks jurisdiction (i.e. authority) to hear the case.
  - mmusson 8y ago
    Technically, the Supreme Court decides whether it has jurisdiction.
    - rayiner 8y ago
      The Supreme Court either has jurisdiction or it does not; whether it figures out the correct answer to that question is a separate issue.
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nokcha 8y ago
Only if the case involves a question of federal law. If the case is concerned with only state law, then the buck stops at the state supreme court. And even if the case raises questions concerning the US Constitution or other federal law, the US Supreme Court defers to the state supreme court for interpreting state law.

You can sometimes go from the state Supreme Court to the US Court of Appeals and then to the SCOTUS, but usually only if the case tends to involve some kind of question concerning the US Constitution. Otherwise those courts may decline to hear the case.

rayiner 8y ago
To challenge a state Supreme Court decision, you'd file for certiorari to the U.S. Supreme Court under 28 U.S. 1257. However, there must be an issue of federal law (federal constitution, statute, or regulation). If there is not one, or the only federal issues would not change the outcome, the Supreme Court lacks the power to hear the case, because state supreme courts have the last word on issues of state law. Here, the case is primarily about West Virginia law (impeachment under WV law, who can enforce the Code of Judicial Conduct). There is a federal due process issue, but it can't change the outcome--the WV Supreme Court found the impeachment illegal under WV law, so it doesn't really matter whether it's also illegal under federal due process law. In that case, the state-law decision is called an "adequate independent ground," and the Supreme Court lacks jurisdiction (i.e. authority) to hear the case.
- mmusson 8y ago
  Technically, the Supreme Court decides whether it has jurisdiction.
  - rayiner 8y ago
    The Supreme Court either has jurisdiction or it does not; whether it figures out the correct answer to that question is a separate issue.

deleted 8y ago

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nokcha 8y ago

Only if the case involves a question of federal law. If the case is concerned with only state law, then the buck stops at the state supreme court. And even if the case raises questions concerning the US Constitution or other federal law, the US Supreme Court defers to the state supreme court for interpreting state law.