Question

In states without intermediate appellate courts, what function must the state supreme courts play?

Answer 1

A federal court can depart from an intermediate court’s fully reasoned holding as to state law only if convinced that the state’s highest court would not follow that holding.  Accordingly, a federal court cannot refuse to follow an intermediate appellate court’s decision simply because it believes the intermediate court’s decision was wrong, bad policy, or contrary to the majority rule in other jurisdictions.