https://blog.ericgoldman.org/archives/2018/09/vermonts-revenge-porn-crime-survives-constitutional-challenge-state-v-vanburen.htm Tue, 04 Sep 2018 03:20:00 +0000 hourly 1 https://blog.ericgoldman.org/archives/2018/09/vermonts-revenge-porn-crime-survives-constitutional-challenge-state-v-vanburen.htm#comment-2159 Tue, 04 Sep 2018 03:20:00 +0000 https://blog.ericgoldman.org/?p=19154#comment-2159 You say that “the defendant could appeal this ruling to the US Supreme Court.” I don’t think that’s right — at least, not yet. Under 28 U.S.C. 1257(a), the US Supreme Court’s jurisdiction to review state-court decisions involving federal questions is limited to “final judgments or decrees.” The state court proceedings must truly at an end before the US Supreme Court can take the case. In this case, the state supreme court still needs to resolve the as-applied challenge. And even if it rules against the defendant, this is just a motion to dismiss, so the defendant would still have a trial on the merits ahead of her.

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