Prof. Ronald Krotoszynski said he disagrees with Alabama Chief Justice Roy Moore’s notion that Alabama and other states wouldn’t have to automatically follow a U.S. Supreme Court ruling on gay marriage.
Moore recently told Al.com that he hopes the U.S. Supreme Court will decide the issue in favor of the rights of states under the 10th Amendment.
Prof. Krotoszynski said: “Simply put, either we have a system of binding precedents, and hierarchical courts, or we do not. And, if we do not, the entire system of common law adjudication will collapse because it relies on judges serving on lower courts, both state and federal, regularly making good faith applications of binding precedents issued by higher courts.”
For more, read “U.S. Supreme Court takes up gay marriage question Tuesday; what does it mean for Alabama?”
