Is ISL dead? IDK.
Strict Scrutiny
00:00
The Role of Federal Courts in State Court Interpretation of State Law
Justice thomas's opinion raises concerns about the standard that roberts said federal courts would use to police state courts interpretations of state law. It is difficult to imagine what this inquiry could mean in theory let alone practice, he writes. The framework will have the effect of investing potentially large swaths of state constitutional law with the character of a federal question not amenable to meaningful or principled adjudication by the federal courts says Kavana.
Transcript
Play full episode
