the state court decides a case based on that law anyway?
New York High Court Declares It Is Not Bound by 'Spargo'
New York Law Journal
If there was any question whether the New York Court of Appeals considered itself bound by a federal district court ruling striking down some Code of Judicial Conduct provisions, that issue was quashed Thursday. The court unanimously rejected arguments that it's tied by the Spargo v. Commission ruling and upheld charges against a Brooklyn Supreme Court judge that were based on sections of the code struck in Spargo.
http://www.law.com/jsp/article.jsp?id=1051121821721
This is an interesting case. I haven't had a chance to read it yet so I can only judge it from the article, but it looks like it could raise all sorts of interesting issues about how much power a federal district court has versus the high court of a state.
