Adequate and Independent State Ground - Introduction

Introduction

It is part of the basic framework of the American legal system that the U.S. Supreme Court is the ultimate arbiter of questions of federal law but the state courts are the ultimate arbiters of the laws of each state. See, e.g., Hortonville Joint School District No. 1. v. Hortonville Education Ass’n, 426 U.S. 482, 488 (1976) (“We are, of course, bound to accept the interpretation of law by the highest court of the State.”). Thus, generally speaking, the U.S. Supreme Court has the authority (“jurisdiction”) to review state court determinations of federal law, but lacks jurisdiction to review state court determinations of state law. See 28 U.S.C. § 1257.

This general rule is simple to apply in cases clearly involving only one body of law. If that law is federal, then the U.S. Supreme Court has jurisdiction to review the state court judgment; if it is state law, then it does not. However, because litigants can (and often do) raise federal claims in state courts, many cases are not so simple, and this general rule breaks down. Indeed, state courts often dismiss cases raising federal claims because they fail to comply with state-law procedures, and in some cases federal and state law are not clearly distinct; instead they are intertwined. The adequate and independent state ground doctrine provides certain exceptions to this general rule and guides the U.S. Supreme Court’s exercise of jurisdiction over these complex cases.

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