this post was submitted on 14 Nov 2024
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[–] dragontamer@lemmy.world 3 points 1 day ago* (last edited 1 day ago) (1 children)

https://courts.delaware.gov/supreme/

The Delaware Supreme Court is the highest court in the State of Delaware. The Court has final appellate jurisdiction in criminal cases in which the sentence exceeds certain minimums, in civil cases as to final judgments and for certain other orders of the Court of Chancery, the Superior Court, and the Family Court. The Supreme Court has discretionary jurisdiction to issue writs of prohibition, quo warranto, certiorari, mandamus or to accept appeals of certain non-final orders or certified questions.

There is a single Delaware Supreme Court. There is a SINGLE New York Supreme Court.

If the Federal Courts are cooked, then we will make judgements within our state-level courts. And the state-level courts have the final word within their respective jurisdictions. The Federal Supreme Court has very little power over state-level courts.

This shit is WHY we have the 10th amendment.

[–] NateNate60@lemmy.world 0 points 1 day ago (1 children)

The Delaware Supreme Court is not called the "Court of Delaware" and it is not in charge of any case at first instance involving the entity formerly known as Twitter. Cases generally begin in the Court of Chancery. The Supreme Court is simply at the top of the stack but it doesn't represent the entire system, which is referred to as the "judiciary of Deleware".

You did, however, get lucky in that the state trial court of first instance in New York is called the Supreme Court of New York, although I doubt you knew the difference. If Trump appeals then it will go to the Appellate Division before reaching the New York Court of Appeal, which is the highest court of the State of New York.

[–] dragontamer@lemmy.world 4 points 21 hours ago* (last edited 21 hours ago) (1 children)

I think you are getting dragged into a bad and useless semantic debate.

Are you saying that my only mistake was saying Court of New York rather than New York Court of Appeal? Or is there any more fundamental problem to my earlier argument?

I'm not pretending to be a lawyer here. But the state level courts are independent of the federal courts. And Federal Agencies (like ICE) have been historically hampered due to 10th Amendment issues. ICE overwhelmingly relies upon local police to cooperate to get much done.

This might be a legal issue that will be battled over the next 4 years in the supreme court, but I'd expect that Blue State resistance of this manner is our next best battleground to choose. We've lost the Presidency and both houses of Congress and the Supreme Court. That leaves Blue State courts (whatever their name) as the next defensive bulwark.

[–] NateNate60@lemmy.world 1 points 20 hours ago* (last edited 20 hours ago)

You're substantively correct on all fronts here. I was just being picky about capitalisation. I'm saying it should be "courts of New York" and "courts of Delaware" since the court system of each respective state consists of multiple different courts.