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Old September 10, 2012, 11:21 AM   #56
Jim March
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Join Date: February 14, 1999
Location: Pittsburg, CA, USA
Posts: 7,329
Well in this case, what the judge is saying about the 5th Amendment "due process" piece is that it's NOT incorporated against the states, but only because the 14th Amendment's "due process" component clearly is. And that's probably correct, if meaningless. So basically he threw out their 5th Amendment claim on that ground, but then found a completely different way to ignore the 14th Amendment equivalent piece.
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