Friday, February 3, 2012

Per the constitution, "In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction."

Since the state of Arizona is a party, shouldn't the case have gone directly to the Supreme Court?|||It doesn't say "shall have original EXCLUSIVE Jursidiction." Aye, thar's the rub, matey.|||If you are referring to the law that makes employers use Everify or face a penalty of the loss of a business license if they get caught hiring illegals, the case is actually called Chamber of Commerce vs Whiting. Arizona technically isn't one of the parties.|||Original jurisdiction means the Supreme Court CAN be the 'court of first appearance' for the case. It does not REQUIRE the Supreme Court to accept the case. In practice, the Supreme Court NEVER asserts original jurisdiction.|||They have jurisdiction, but a lower court does too. If the issue is not resolved in lower court, then issue may go to the Supreme Court. Think of State Cops vs City Cops. State cops have jurisdiction, but so do city cops.

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