View Single Post
Old March 5, 2012, 08:04 PM   #43
Spats McGee
Join Date: July 28, 2010
Location: Arkansas
Posts: 6,995
Originally Posted by lawnboy
It was a Federal court ruling on the constitutionality of a provision in a Maryland State law. It could apply the the entire US, but likely each State with laws and provisions similar to Maryland would have to be challenged separately.
No, and yes. Every state with similar statutory provisions has to be challenged separately. So "yes" on that part.

Now for the "no" part. It's a district (trial) court ruling, so it could be cited as persuasive authority in a challenge to a state law with similar provisions. However, it's not binding authority on any other district court, inside or outside the 4th Circuit.

Once it goes up on appeal, the appellate court (Fourth Circuit) will make a decision, and that decision will be binding on all Fourth Circuit district courts. The 4th Circuit decision can be cited as persuasive authority in district courts of other circuits.

If it is then appealed to SCOTUS, the SCOTUS decision will be binding on all circuit courts of appeal and all district courts.
I'm a lawyer, but I'm not your lawyer. If you need some honest-to-goodness legal advice, go buy some.
Spats McGee is offline  
Page generated in 0.10978 seconds with 7 queries