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Jun 13, 2006
Stare DCisis: Gaming the System
Last week, Stare DCisis explored what happens when the Supreme Court stops being polite, and starts getting real with states acting unconstitutionally. Virginia, in particular, was the perpetual thorn in the side of the early Supreme Court. Though Chief Justice John Marshall was a former Virginia legislator, the state’s supreme court had some real authority problems taking orders from Marshall once he moved across the river. It may seem patently obvious that the Supreme Court…