Jan. 28, 2026
The point of judicial hierarchy
When lower courts defy clear Supreme Court precedent, like in the wake of Tyler v. Hennepin County, it raises a pressing question: Who really holds power in our judicial hierarchy?
Michael M. Berger
Senior Counsel
Manatt, Phelps & Phillips LLP
2049 Century Park East
Los Angeles , CA 90067
Phone: (310) 312-4185
Fax: (310) 996-6968
Email: mmberger@manatt.com
USC Law School
Michael M. Berger is senior counsel at Manatt, Phelps & Phillips LLP, where his practice focuses on appeals with a particular interest in constitutional land use. He has argued four takings cases in the U.S. Supreme Court.
It makes you wonder. We have a hierarchically designed
judicial system. Theoretically, the higher you go up the food chain, the more
controlling the decision. That is the whole theory behind higher courts
overturning decisions of lower courts.
But what if lower courts refuse to go along?...
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