The Alabama Supreme Court (of which this right wing clown is the Chief Justice) refused last year to recognize a Georgia adoption order between a same sex couple, claiming that the Georgia courts didn’t have jurisdiction to enter the order. Today, the Supreme Court – unanimously – issued a rare summary reversal, not waiting for briefs to be filed or oral argument to be held.
“The Georgia judgment appears on its face to have been issued by a court with jurisdiction, and there is no established Georgia law to the contrary,” the court held. “It follows that the Alabama Supreme Court erred in refusing to grant that judgment full faith and credit.”
No justices dissented from the decision.
The case had been pending before the justices since November, when V.L. asked the court to review the Alabama Supreme Court’s decision holding that the Georgia court’s adoption decree was invalid, a decision it reached because it found that the Georgia court had no jurisdiction — authority to even hear the case — under Georgia law to grant the adoption.
“That analysis is not consistent with this Court’s controlling precedent,” the U.S. Supreme Court ruled on Monday. When one state’s court rules on a matter and indicates that it has jurisdiction, other state courts, under the Full Faith and Credit Clause, are to presume that jurisdiction is valid “unless disproved,” the U.S. Supreme Court noted of its prior rulings on the issue.
On Monday, the U.S. Supreme Court held regarding the Georgia court’s adoption decree, “There is nothing here to rebut that presumption.”
I wonder what the ghost of Tony Scalia would have to say about this decision?