MIght want to do some research on the SCOTUS. There are two ways that a SCOTUS precedent becomes inactive. One the SCOTUS directly setting aside a prior judge. The second is doctrinal changes that render a prior ruling inapplicable anymore. As noted in the Circuit Court rulings by the 10th, 9th, 7th, and 4th Circuit Courts - that while the SCOTUS has not directly set aside Baker (from 1971) there have been a number of doctrinal changes that have occured which have changed the legal landscape... If it was as you said, all the court need to do was accept the case, reiterate the Baker position - and this would be all done with. But they didn't, they let the Circuit Court ruling stand.
Judge Sutton did some research...did they let Sutton's ruling recently stand?
They have neither allowed Sutton's ruling to stand or overruled the ruling. You really have no concept of how the court works do you?
In the cases from the 10th, 9th, 7th, and 4th Circuits the bans were ruled unconstitutional. Those supporting keeping the bans in place then had to request a stay from the next higher court (i.e. the SCOTUS) to prevent SSCM's from starting. The SCOTUS refused in every case to issue the stay and so SSCM's could start in those states as the Circuit Court rulings went into effect.
In cases in the 6th Circuit the bans were upheld and pending appeal no stay is needed. At this point THERE HAS BEEN NO ACTION by the SCOTUS. The cases are being appealed (writ's being received just in the last week). Because of the split between the 10th, 9th, 7th, 4th and with only the decent coming from the 6th the SCOTUS has very little choice but to accept an appeal for review. During that period SSCM's will continue in the states under the 10th, 9th, 7th, and 4th and not be allowed in the 6th pending the SCOTUS final ruling - probably in late June of 2015.
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Here is a very simply idea to try to keep straight Sil, the SCOTUS doesn't "let a ruling stand" until either: (A) they reject an appeal (which they did with the 10th, 9th, 7th, and 4th's cases), or (b) they accept a case for review, hold oral arguments and obtain all the briefs, and then issue a final decision (none of which has happened with the cases from the 6th Circuit yet.)
Stays neither "let a ruling stand" or "overturn a ruling" - stays are simply a pause to allow the process to continue.
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