What are the ramifications of a lower court refusing follow a Supreme Court mandate?
2007-03-17 05:48:28 · 4 answers · asked by slickrick 2 in Politics & Government ➔ Law & Ethics
The case gets overturned on appeal.
If the lower court judge deliberately and clearly said "Yes, I know this ruling above should apply but I am choosing to ignore it, then the judge could face sanctions".
But if the lower court said "Having looked at the precendent in this issue, it does not apply because there [blah], but here [something different]." That's common practice, and the way the law is supposed to work.
So, as long as it appears to be an honest mistake of not apply the law where it should have been applied, no consequences other than the lower decision being overruled.
And perhaps a little professional embarrasement for the judge who got it wrong, depending on how far off base he was.
2007-03-17 06:53:27 · answer #1 · answered by coragryph 7 · 0⤊ 0⤋
None, unless the lower court"s decision is appealed. Stae judges who are elected can lose the next election, but federal judges are appointed for life.
2007-03-17 13:02:32 · answer #2 · answered by Unknown Oscillator 3 · 0⤊ 0⤋
Impeachment of the judge(s) on the lower court.
2007-03-17 12:53:41 · answer #3 · answered by TheOnlyBeldin 7 · 0⤊ 0⤋
Reversal.
The case can be appealed and reversed if proven.
2007-03-17 13:01:44 · answer #4 · answered by Lisa S 3 · 0⤊ 0⤋