Q: Describe the case of Cooper v Aaron (1958).
Recent challenges to Supreme Court Authority:
Cooper expands Marbury to the point that the Supreme Court’s interpretation of the law stands as the law of the land (interpretation = law)
Facts: D, the Governor and Legislature of Arkansas refused to abide by the Court’s ruling in Brown, to segregate the public schools b/c to comply with the XIV Amend. Arkansas officials claimed that they were not bound by a Lower Fed Court desegregation order.
Holding: “the Fed judiciary is supreme in the exposition of the law of the Constitution,” and the Court’s interpretation of the Constitution is binding on a State and its Officials.
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