The Supreme Court of the State of Hawaii secedes from the Supreme Court of the United States, or so I gather from this rant in which they declare they will 'take no guidance' from Federal cases because they think the US is becoming a worse place.
Next up, the Hawaii Supreme Court explains that federal due process rights "keep sinking" so they'll take "no guidance" from federal cases. And here is where the attacks go from odd to deranged. Accusing the Supreme Court of "imperious ideology", it goes to other areas of law...
"The Roberts Court sees only white." The Hawaii Supreme Court follows with more Callais and Allen v. Milligan to accuse the Supreme Court of racism. It accused the Supremes of misinterpreting the Equal Protection Clause.... Now election finance and redistricting. Citizens United, Rucho v Common cause, Presidential immunity, and a recent (minor) election spending case. It's like they put their least favorite cases into Claude....
Now for the page revealing the cause is the tantrum. Wolford v. Lopez and Hawaii's attempt to evade the Second Amendment. It was stymied. These justices are not happy. In a spoke -word-poem style list of grievances, they attack the Supreme Court's recent jurisprudence. Wild!
Unlike more notorious attempts by states to reject or nullify federal court decisions, these state laws and decisions remain in effect. How can this be?The reason is simple enough: the Supremacy Clause is not a binary switch. Without complete preemption, our system of federalism leaves room for state law to supplement or stand alongside federal law. States often use that freedom to depart from federal law by passing laws or issuing judicial opinions that explicitly reject specific opinions issued by the U.S. Supreme Court.
Hawaii is going to find it very hard to get away with that on these 2A issues, where the state's insistence would amount to pre-empting Federally defended rights in order to assert powers explicitly ruled unconstitutional. There's probably quite a lot of ground, however, where they can simply refuse to listen to the Federal courts at all.
5 comments:
Maybe the Feds could remove all of the military installations in Hawaii outside of Hawaiian state law, and exempt all military and other Federal officials from Hawaiian law jurisdiction.
Nah, maybe not. Feds are more grown up than that, though it's a bar so low, apparently, it's down on the sand.
Eric Hines
An alternative would be for the Supremes to issue a permanent injunction automatically staying all of the State Supreme Court's decisions on matters related to Federal law or Constitution pending review by Federal appellate courts--9th and ultimately Supreme.
Eric Hines
Here, the state of Hawaii is resisting the federal government's imposition of the 2nd Amendment. Do you think this is different from the resistance to federal immigration enforcement in Minneapolis or other places?
Insofar as it is an established constitutional court of law openly defying the Federal Government, yes.
What if it were the Hawaiian legislature?
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