Missouri’s state supreme court barred the state from implementing the Republican legislature’s new gerrymandered maps for this November’s election on state constitutional grounds. After an appeal to the U.S. Supreme Court — the only appeal available per 28 U.S.C. § 1257 — failed to disturb that ruling, a federal district judge went ahead and decided alone — despite 28 U.S.C § 2284 requiring a three judge panel — that the U.S. Supreme Court was wrong. Among the many, many deficiencies in Chief Judge Stephen Clark’s judicial misadventures, we ask: What is the name of the doctrine prohibiting state court losers from asking a federal court to throw out a state court judgment?
Hint: The name stems from two cases, 60 years apart, and draws its statutory justification in part from the aforementioned 28 U.S.C. § 1257.
The post Missouri Gerrymander Case Flunks Remedial Law School appeared first on Above the Law.
Missouri’s state supreme court barred the state from implementing the Republican legislature’s new gerrymandered maps for this November’s election on state constitutional grounds. After an appeal to the U.S. Supreme Court — the only appeal available per 28 U.S.C. § 1257 — failed to disturb that ruling, a federal district judge went ahead and decided alone — despite 28 U.S.C § 2284 requiring a three judge panel — that the U.S. Supreme Court was wrong. Among the many, many deficiencies in Chief Judge Stephen Clark’s judicial misadventures, we ask: What is the name of the doctrine prohibiting state court losers from asking a federal court to throw out a state court judgment?
Hint: The name stems from two cases, 60 years apart, and draws its statutory justification in part from the aforementioned 28 U.S.C. § 1257.
The post Missouri Gerrymander Case Flunks Remedial Law School appeared first on Above the Law.
