State appeal vs. Federal filing

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Posted by:

Still Learning

on December 13, 2006 at 19:43:11:

Curiousity question:

If Rooker basically says that you cannot litigate the same case in Federal Court as in State Court, how can one address aspects of constitutionality in a state court scenario?

Added to that is the Younger (you cannot go to Federal Court until you have exhausted state court opportunities).

Is it too late for me or is this a giant legal catch-22?

Challenge constitutionality in a state court and you forfeit the opportunity to do so at the Federal level.

Do not challenge constitutionality in the state court and a Federal Court will not hear your case because you did not appeal in a state court...

What am I missing?

Thanks,
Still Learning




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