Can the Ninth Circuit Overrule the Supreme Court on the Constitution?

Document Type

Article

Publication Title

Nebraska Law Review

Abstract

Can the Ninth Circuit reverse key analysis and opinions of the U.S. Supreme Court? Can a federal circuit court, based on environmental grounds that climate change allows the states to act as their own laboratories to try innovative programs, reorient or contradict Supreme Court precedent regarding the Commerce Clause of the Constitution? Maybe.

First Page

807

Last Page

868

Publication Date

2015

Creative Commons License

Creative Commons Attribution-NonCommercial 4.0 International License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License

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