J asked in Politics & GovernmentGovernment · 5 years ago

What happens if a state ignores a Supreme Court decision?

Update:

For example, Roe V. Wade or gay marriage

Update 2:

Mike Huckabee says that states should ignore the SCOTUS on gay marriage if/when they make it legal nationwide.

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  • lare
    Lv 7
    5 years ago
    Favorite Answer

    you mean nullification. didn't work out so well for the Confederacy. If state laws conflict with the federal constitution, as interpreted by the federal Supreme Court, then it will be struck down by the state's own supreme court. i doubt that the state attorney general will appeal that to the federal Supreme Court. Faubus tried nullification of the Brown v Board of Education decision and Eisenhower sent the 101st Airborne Division to insure Little Rock Central High School got integrated.

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  • 5 years ago

    There is no law that says a state must follow the Supreme Court. But the federal government has the states over a barrel (and it did it on purpose) with its ability to withhold money from it--that it's citizens really want returned to them.

    For example, when the highway speed limit was still 55, some states said they were going to raise it. The highway funds and other money that was promised to those states was threatened not to be paid.

    Also, the Attorney General of the US can take the state to court. But does the state then have to do what THAT court says? I don't think any state has tried to find out.

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  • Anonymous
    5 years ago

    Like Roe vs Wade?

    • J5 years agoReport

      Or marriage equality

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  • 5 years ago

    It is entirely possible that a State official who refuses to comply, could be charged with violating the person's civil rights and be arrested by US Marshalls, and then tried in Federal Court.

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