Strang on the Binding Effect of Nonoriginalist Supreme Court Interpretations on State Court Judges

Lee J. Strang (University of Toledo College of Law) has posted State Court Judges are Not Bound by Nonoriginalist Supreme Court Interpretations (FIU Law Review, Vol 11, p.327, 2016) on SSRN. Here is the abstract:

In this brief Essay, I provide a tentative argument for modest state court interpretative independence. I argue that state courts possess interpretative independence from nonoriginalist U.S. Supreme Court interpretations. I also argue that state courts must follow all U.S. Supreme Court judgments (within the Court's jurisdiction) and originalist Supreme Court opinions. I close by suggesting that this modest state court interpretative independence is likely to advance federalism’s three primary values.

Provocative and highly recommended.