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Old May 27, 2009, 07:47 AM   #37
vranasaurus
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Join Date: November 16, 2008
Posts: 1,184
Quote:
I believe that circuit courts should not wander off on their own to reconsider Supreme Court decisions. Presser (as objectionable as it may be) is still "settled law" until the Supreme Court says otherwise. Maloney ran face first into Presser while Nordyke found a way around it.
For the most part I agree. However, when more recent Supreme Court precedent seems to support a different interpretation I am OK with Circuit courts using that precedent to reach a conclusion different from the Supreme Court over 100 years ago.

I don't consider it wandering when the Supreme Court has laid out a map.
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