Supreme Court Review of State Courts (28 U.S.C. § 1257)
Final judgments or decrees rendered by the highest court of a state in which a decision could be had may be reviewed by the Supreme Court by writ of certiorari where (1) the validity of a treaty or statute of the United States is drawn in question, (2) the validity of a state statute is drawn in question on the ground of its being repugnant to the Constitution, treaties, or laws of the United States, or (3) any title, right, privilege, or immunity is claimed under the Constitution, treaties, or statutes of the United States.
Requirements
- Final judgment from the highest state court in which a decision could be had — not necessarily the state supreme court if appeal was unavailable or waived
- A federal question — one of the three categories above
Adequate and Independent State Ground Doctrine
The Supreme Court will not review a state court decision if it rests on an adequate and independent state ground — a state law basis that is:
- Independent: not intertwined with or dependent on federal law
- Adequate: sufficient alone to support the judgment (i.e., reversing the federal ground would not change the outcome)
Michigan v. Long (1983): When it is unclear whether a state court decision rests on an independent state ground, the Court will assume it is based on federal law and take jurisdiction, unless the state court expressly states it is resting on state grounds.
”Final Judgment” Requirement
More flexible than the Final Judgment Rule (28 U.S.C. § 1291) for federal appellate courts. Cox Broadcasting Corp. v. Cohn (1975) — four exceptions allowing SCOTUS review of non-final state court decisions when the federal issue is conclusively decided and further proceedings would not address it.