Unpublished Chronicles Comment on Martin v. Hunter

To Chronicles Readers:

I am sorry. I cannot resist referring once again to Martin v. Hunter as a PS. From Vol. 2 of the Kiss of Judice: The Constitution Betrayed:

“Judges Cabell, Brooke, Roane, and Fleming of the Virginia Court of Appeals, judges who, in 1815, defied the mandate of the U.S. Supreme Court ordering the Virginia Court to reverse its decision in the first Martin case, a case your Coroner believes to have been the most important in U.S. legal history. In that case, the Virginia judges held that the U.S. Supreme Court had no jurisdiction to review decisions of state courts. We show here that the Virginia Court was right; and the consequence of that is that hundreds and probably thousands of state court decisions overruled by the supreme court were ‘coram non judice’, that is void for lack of that court’s appellate jurisdiction.”

Of course, Roane and company lived in a time when, as my brother-in-law would say, “When the men were men, and the women were glad of it.”

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Published in: on August 23, 2013 at 12:38 pm  Leave a Comment  

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