Whether the US Supreme Court can apply a blind eye to the alleged unconstitutionality of the Utah State Medical Malpractice statute, Code 78B-3-401

QUESTION PRESENTED: 1. Whether the US Supreme Court can apply a blind eye to the alleged unconstitutionality of the Utah State Medical Malpractice statute, Code 78B-3-401, while the Chief Justice John Marshall declared that it is the Supreme Court's responsibility to overturn unconstitutional legislation as necessary consequence of the sworn to oath of office to uphold the Constitution mandated the US Const. Article VI.