Well except in Florida.
Allan
Taking away a Constitutional Right for selling bootleg videos? Absolutely unconstitutional.
The courts didn’t see it your way.
It’s constitutional. You just don’t like it.
Change the laws you don’t like.
Allan
It hasn’t been ruled on by the Court.
Changing the laws in other States is not an option.
Actually it has. Not taking the case means the lower ruling stands.
Change the law if you don’t like it.
That’s the way to go.
Allan
It’s not the law in my State. I have no standing to challenge it or change it where it is in effect.
And the fact that a lower court decision has not been elevated to the SCOTUS does not mean that the High Court thinks that it is Constitutional. Any reasonable person can see that denial of Constitutional Rights for petty crimes is disproportionate punishment. The 8th Amendment was established because in the motherland, petty crimes such as the theft of a loaf of bread or prostitution could result in execution … or in later years, if a Judge was compassionate, exile to Australia.
9 reasonable people sit on SCOTUS. They obviously don’t think like you do.
Allan
actually no. the ruling is only binding on courts in the circuit it was ruled on.
And when it comes up again, the courts usually bow to precedent.
Allan
there is no precedent. precedent is not set by not hearing cases.
Why are appeals cases in many of an opinion if it doesn’t set a precedent?
Allan
Because they were heard?
Again, those 9 have never ruled on it.
So you agree with me. Opinions from lower courts set precedents.
I am glad we agree on this. (A rarity)
Allan
plot lost
They voted against hearing the case. What do you think that means.
Weak appeals case with no important federal question.
Allan
No they haven’t. But if they did get such a case appealed to their level and they chose not to hear it, it would mean they agreed that they had issues of greater importance to rule on. Most appeals, regardless of the merit, are not heard by the Court.
Not binding precedent. But definitely persuasive precedent.
There are a number of reasons why the Court may choose to deny certiorari.
It could be because they had issues of greater importance to hear - but even in that case, much can be read into why the Court thinks it is unimportant.
It could also be because the Court agreed with the Circuit, and saw no need to review the decision.
The only people who know why are the Justices, and they’re not going to share.
It’s not precedent. It could also mean they see one they like better in the pipeline.
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