NCJ Number
87709
Date Published
1983
Length
14 pages
Annotation
An examination of State Supreme Court response to U.S. Supreme Court decisions shows that the State courts continue to uphold important State policies even when this involves noncompliance with the U.S. Supreme Court's criminal justice decisions.
Abstract
In deciding whether to enforce U.S. Supreme Court rulings vigorously, State trial courts have taken their cues from their State supreme courts. Even if the State supreme court's interpretation appears to conflict with information from alternative sources, trial court judges typicaly tailor their decisions to the cues provided by their State superior. State supreme court judges tend to identify themselves with the State political systems in which they serve and are thus unwilling to invalidate important State policies or practices, even should this lead to noncompliance with Supreme Court decisions. Variation in response to Supreme Court decisions derives from variation in the character of the issues under litigation, i.e., their status as policies or practices in the State. A State supreme court thus complies with Supreme Court decisions which are consistent with State policy but does not comply with decisions which would invalidate State practices. Thus, the Supreme Court lacks the weapons necessary to ensure compliance by actors who play a crucial role in determining response to the Court's decisions.