Quote:
Originally posted by Atticus Grinch
I was just musing that there might be some due process right to SCOTUS review of federal question cases decided in state courts.
|
The great unknown left open by
ex parte McCardle, which could avoid the question because there were other methods of seeking a
habeas writ than the one deprived him when Congress repealed jurisdiction over such petitions. What if they had taken away all avenues? All writs act? A challenge to the statute as unconstitutionally depriving the courts of jurisdiction in a non-neutral fashion? perhaps. scholars kill trees over this.
