When SCOTUS Can Review (and Overturn) State Supreme Courts

Question 1

What doctrine governs decisions relating only to state law? What does it say?

Answer 1

Adequate and Independent State Grounds Doctrine

Says that federal courts have no jurisdiction to review decisions of the highest state court if the decisions are based on some “adequate” (i.e., sufficient to decide the case) and “independent” (i.e., no federal law, only state) state ground.

Question 2

If the state court decision contains mixed references to state and federal law AND make no explicit statement that it is relying on state law, SCOTUS will assume what? What effect?

CASE?

Answer 2

That the state court relied on federal precedent.

SCOTUS can exercise jurisdiction

Michigan v. Long

Question 3

When a state supreme court is deciding a case involving state law, what must they do in their opinion? What if they don’t?

Answer 3

Make a “plain statement” that they are relying on state law.

if they fail to do so, SCOTUS has the power to step in and overturn.

Question 4

What Justice in which Case set forth the “Plaint Statement” Rule

Answer 4

O’Connor in MI v. LONG