Wednesday, August 10, 2011

Supreme court?

It's basically a procedural point that Blackmun thinks calls for judicial restrain on the part of the US Sup. Court. Basically the state's highest court had considered the same statute at issue in Cohen after the Cal. Court of Appeals addressed it. Thus, he thought they should let the state construction of their own statute determine the decision, rather than the federal court's construction of it. For this reason, he wanted to remand the case (send it back to the state court) rather than actually rule on it.

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