Actually

Is this not why there is a Supreme Court? Circuit court, whatever.

It’s been a while since I took civics but if I remember right, it is the Supreme Court’s job to declare laws legal or illegal. Otherwise Congress and the People could make laws like it’s okay for police to take your stuff without a warrant on Thursdays.

2 responses to “Actually

  1. David Cuthbert's avatar David Cuthbert

    Judicial review is the term you’re thinking of. Also, this is a state supreme court. The established practices can differ from a federal court.

    However, given that their legal systems are grounded in English Common Law (except for one state — Louisiana, I think) and the fact that the U.S. Constitution always trumps any state constitutions or laws, they always defer to precedents set by SCOTUS. They’re also generally modeled after federal courts, ruling only on the constitutionality of laws.

    At least in theory. California is the home of activist courts and judges who love to thumb their noses at the other courts and overreach their authority, precedent be damned. The Ninth Circuit (also based in San Francisco) constantly sets new records for the number of their rulings which are overturned by SCOTUS. Oh, and Idaho is part of the Ninth Circuit, so their wacky decisions are binding on you (at least until SCOTUS overturns them).

  2. Yes, that’s the word.

    There are occasional rumblings in the papers around here about being stuck in the 9th circuit. But only on the rare occasions when it might actually affect anything.