The technical answer is that a decision by a state supreme court can only be appealed directly to the SCOTUS, who has to choose to take it up. This section specifically cannot be appealed because it is a concurring judgment which does not make law, and would probably be considered non-binding orbiter dictum regardless.
The technical answer is that a decision by a state supreme court can only be appealed directly to the SCOTUS, who has to choose to take it up. This section specifically cannot be appealed because it is a concurring judgment which does not make law, and would probably be considered non-binding orbiter dictum regardless.