Venue: |
SCOTUS
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Facts: |
Troubles in Little Rock: the governor calls out the national guard,
and the president calls out federal troops. We're trying to get
negro students into high school, and there is all sorts of unrest. |
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Posture: |
District court grants a preliminary injunction against the governor,
and the national guard goes away. Now the school board is
petitioning for postponement. |
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Issue: |
Do state executives and legislatures have a duty to obey federal
court orders resting on SCOTUS interpretation of the constitution? |
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Holding: |
Yes. Doi. |
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Rule: |
The federal judiciary is supreme in exposition of the law and the
constitution. Also all those state officers swore to
support the constitution. |
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Reasoning: |
One may sympathize with the board, and they're probably acting in goo
faith, but we have to reject their position (in no small part because
of the other state entities in play here). Constitutional rights
of children not to be discriminated against can not be nullified. |
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Dicta: |
Quoting Marshall: If the legislatures of the several states may, at will,
annull the judgments of the courts of the united states, and destroy
the rights under those judgments, the constitution itself becomes
a solemn mockery. |
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