Trainor v. Hernandez

Today the Court adds four new complexities to a doctrine that has bewildered other federal courts for several years.1 First, the Court finds a meaningful difference between a state procedure which is “patently and flagrantly violative of the Constitution” and one that is “flagrantly and patently violative of express constitutional prohibitions in every clause, sentence and paragraph, and in whatever manner and against whomever an effort might be made to apply it.” 2 Second, the Court holds that an unconstitutional collection procedure may be used by a state agency, though not by others,…