Quote:
Originally posted by Mmmm, Burger (C.J.)
That said, why is raising a federal question is state court problematic? Wasn't that how the courts operated in the 1700s before there were lower appelate courts? And isn't it still? Plenty of people sue in state court for at least violations of hte constitution. I'm not saying it's good policy, just that' it's not unc.
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There were fewer state supreme courts then. As I said, Congress is free to abolish the lower courts. I was just musing that there might be some due process right to SCOTUS review of federal question cases decided in state courts. The more I think about it, the more I imagine it will be a morass --- look to your state supreme court to find the governing federal law in your jurisdiction? --- but probably not unconstitutional.
