This question should be answered in IREAC (issue, rule, explanation, application, conclusion) format. Please include all relevant keywords, terms, and phrases when discussing each topic.
Randal brings an action in a state trial court to challenge the validity of a state white-collar crime law on two grounds: violation of the state constitution and supersession by a Federal regulatory scheme.
The State Supreme Court upholds the state statute. In its published opinion, the Court construes the statute in a way that avoids conflict with the Federal act. The opinion does not mention the state constitutional violation charged by Randal.
Randal seeks his attorney’s advice as to whether he should initiate proceedings to secure review of that decision by certiorari in the United States Supreme Court.
The attorney’s advice to Randal should be that the most likely result would be:
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First, consider whether the result of the case would change if SCOTUS decided the federal issues in the case?
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