BIRMINGHAM, Ala. - In a debate with powerful echoes of the turbulent civil rights era, four Republicans running for Alabama’s Supreme Court are making an argument legal scholars thought was settled in the 1800s: that state courts are not bound by U.S. Supreme Court precedents.
The Constitution says federal law trumps state laws, and legal experts say there is general agreement that state courts must defer to the U.S. Supreme Court on matters of federal law.
Yet Justice Tom Parker, who is running for chief justice, argues that state judges should refuse to follow U.S. Supreme Court precedents they believe to be erroneous. Three other GOP candidates in Tuesday’s primary have made nearly identical arguments.
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