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Lower courts would likely have to follow the SCOTUS ruling on it, but it could be argued up to the supreme court to overturn their own creation. This is the pr
by kyrra 6y ago
Lower courts would likely have to follow the SCOTUS ruling on it, but it could be argued up to the supreme court to overturn their own creation.
This is the problem with creating new rules out of whole-cloth from the bench.
- xxpor 6y agoLower federal courts have no say. It's a state matter up to the supreme court of NM, and then maybe SCOTUS. But also regardless, QI is an extension of sovereign immunity. Therefore, the legislature is free to waive it by statue. That's what NM has done. It's not saying QI doesn't exist, it's that this state waives its privileges.