[eDebate] questions about American Booksellers v Hudnut

William Newnam wnewnam
Tue Jun 6 12:30:27 CDT 2006


I apologize I am posting this to the wrong venue, but I am unsure what goes on the blog v. what goes on edebate.

While many of the listed cases deal with different subject matters, one case stands out as procedurally different.  

Unlike the others, American Booksellers v. Hudnut does not appear to be "decided" by the Supreme Court.  Rather they offered no opinion and instead appear to be allowing the decision of the Eighth Circuit to stand without review.  Am I correct in this interpretation and, if so, how does it square with the definition of overrule offered by Gordon Stables when he noted, that in the context of the Supreme Court as actor they would have to overturn rather than overrule.

The Dictionary of Modern Legal Usage discusses overrule, overturn, and reverse in the following quote:

ENTRY: overrule; overturn; reverse; set aside; vacate. Overrule is usually employed in reference to procedural points throughout a trial, as in evidence <"Objection|" "Overruled.">. Overrule is also used to describe what a superior court does to a precedent that it decides should no longer be controlling law, whether that precedent is a lower court's or its own. Overturn and reverse are terms to describe an appellate court's change to the opposite result from that by the lower court in a given case.

Between multiple commitments I was not able to follow the meetings in "real time" so I apologize if this is redundant.  But I have been unable to find any discussion of this issue on the blog or edebate.

Any correction, information or insight on this question would be appreciated.



bill n

emory
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