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View Diary: Red state of Georgia has declared war on religion (141 comments)

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  •  overstatement (0+ / 0-)

    > denial to review by the U.S. Supreme Court effectually means that the court agrees with the lower court.

    This is not the case.

    A denial of review leaves the decision binding in the circuit whose court issued it but not elsewhere.

    The decision can be cited for persuasion but is not binding.

    So, for example, the 2d Circuit (which covers NY) could say that the requirement doesn't violate the religious freedoms of Catholic Charities ... and then the 9th Circuit (which covers CA) could say that it does ... and the Supreme Court could decline to take both cases and wait several years until the 4th Circuit issues its own opinion.

    Similar things happen all the time.

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