Last Wednesday, February 7th, SCOPE sent an email titled Chevron Dying. It raised an important question about courts, legislatures and executives that defy United States Supreme Court (SCOTUS) rulings and get away with it. Specifically, we asked:

When judges, legislators and executives openly defy the Constitution, that also opens the door to abuse and some action needs to be taken.  Without threat of punishment, there is little downside to ignoring SCOTUS and the Constitution.

We have a problem that needs to be addressed. With all the legal brainpower in Washington, there must be some possible solution? Of course, there has to be the will to solve the problem. 

Yesterday, Ammoland contained an article titled, 'Is the U.S. Supreme Court Losing Control Over Lower Courts', which is a reprint from “Arbalist Quarrel.” The article raised the same issue that SCOPE did a week earlier about lower courts openly defying SCOTUS. However, this article went beyond SCOPE in that it gave multiple examples of states defying SCOTUS.

And it raised the same unanswered question: what can we do about it? It’s not only a NY problem but it’s a bigger problem than you might have imagined.

It is worth reading to see the volume and types of cases where SCOTUS is openly defied.

Is The U.S. Supreme Court Losing Control Over The Lower Courts
(ammoland.com)