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In a thought-provoking essay by Do State Legislatures Have to Obey U.S. Supreme Court Decisions?, Austin Sarat of Amherst College sheds light on the trend of certain state legislatures, particularly Alabama, passing laws that permit the death penalty for child rape, in direct contradiction to a 2008 Supreme Court ruling in Kennedy v. Louisiana. This act of legislative defiance, as pointed out by Professor Sarat, poses a significant threat to the constitutional order, with lawmakers intentionally enacting unconstitutional statutes in the hope that the current conservative-leaning Supreme Court will overturn established precedents, mirroring the approach that led to the reversal of Roe v. Wade.
Insights on State Legislative Compliance with Supreme Court Decisions
Building upon the urgency emphasized by Professor Sarat, it is crucial to delve deeper into the question of whether state legislatures are bound to adhere to U.S. Supreme Court rulings. Our independent report, titled Do State Legislatures Have to Obey U.S. Supreme Court Decisions? An Overview, offers additional perspective for contemplating the ramifications highlighted by Professor Sarat. This Report is founded on a comprehensive analysis of various sources, including Deep Research, an innovative AI research tool recently launched by Open AI.
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