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19. Is the U.S. Supreme Court likely to review the state supreme court judgment?
The state trial and appellate courts rejected the claim, holding that the state law was invalid under both the state constitution and the First Amendment of the U.S. Constitution. The state supreme court affirmed, holding specifically: «We think that this well-intentioned law very likely violates the First Amendment of the federal Constitution. We need not, however, decide that issue, because the law assuredly violates our state constitution, which provides even greater protection to the right of the press to report the news.» The woman petitioned for review in the U.S. Supreme Court.
A state law provides for an award of damages against anyone who publishes the name of a rape victim. Pursuant to that law, a woman sued a local newspaper in state court after the newspaper identified her as a rape victim.
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A is incorrect. The law is analyzed under the state's constitution.
C is incorrect. The Supremacy Clause establishes that federal law takes precedence over state law. It prohibits states from interfering with the federal government's exercise of its constitutional powers. Here, the state law is not interfering with the federal government's exercise of its power, and the Supremacy Clause is not at issue.
D is incorrect. As stated above, the Supreme Court would not review the state court judgment. The Supreme Court has appellate jurisdiction through a writ of certiorari or by appeal, not over all cases arising under federal law.