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Strategies & Market Trends : Zeev's Turnips
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To: Zeev Hed who wrote (321)12/10/2000 1:03:30 PM
From: Carl R.  Read Replies (3) of 644
 
Zeev, allow me to add that the rationale for affirming Saul at the FSC level is much stronger than the rationale for overturning it at the USSC level, and I am not convinced that the legal arguments at the Federal level are particularly strong. The state supreme court has a right to be the final authority as to their own laws. Thus even if the statute says "shall", they can read "shall not" if they want to. For the USSC to overturn that, they have to determine that the courts usurped the power of the legislature, and to do that they really have to look at the meaning of the state law and decide that the state court was wrong in its interpretation. Thus I am uncomfortable with seeing this case at the USSC level.

Carl
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