Tom Parker writes that "State supreme courts may decline to follow bad U.S. Supreme Court precedents.... faithful adherence to the judicial oath requires resistance to [U.S. Supreme Court] activism...." Parker hopes that a lower court's decision against precedent might prevail, either because the U.S. Supreme Court's membership may have changed since the precedent was decided, or just by jamming the docket, "[b]ecause the U.S. Supreme Court can accept only a handful of the petitions it receives...."

So who is this Tom Parker who advocates a massive resistance to Federal Supremacy? A fringe nut? A southern succesionist? Why, he's just an Associate Justice of the Supreme Court of Alabama.
posted by orthogonality on Mar 6, 2006 - 42 comments