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August 20, 2013, 02:15 PM | #51 |
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If she turns 21 before this is settled I will be surprised if the state does not claim she has no standing.
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August 20, 2013, 04:50 PM | #52 |
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She can use the Roe cases to argue no one with standing can get justice in the time frame the courts allow, and maintain her suit if the judge agrees, which I have to think would be likely eventually.
How do you think an abortion case got to the Supreme Court some time after the child turned 5 or so? |
August 20, 2013, 07:30 PM | #53 | |
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Quote:
If the judge rules against the motion, the judge can also issue a summary judgment against the moving party. The judge may also deny the motion because there are material factual issues that have to be resolved either through additional discovery or at a trial. The suit might or might not continue if the plaintiff turns 21 before it is resolved. It might become "moot." There is usually an exception for situations where the event is "capable of repetition, yet evading review." The Roe v. Wade case someone else mentioned is a classic example. The Supreme Court held that it was unlikely that legal proceedings could be finished within the 9 months a woman was pregnant (probably less than 9 months because most women are at least two months along before they find out they are pregnant). The Court used the magic language I noted and said they would review the case. In this particular case, there's a three year time period to litigate. In addition, once the plaintiff turns 21, the event (being under age 21) cannot happen again to this plaintiff. In Roe v. Wade, the same woman could get pregnant again. I don't know know if the suit would become moot or not when the plaintiff turns 21, but those are the issues that would have to be resolved. |
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August 21, 2013, 08:35 AM | #54 | |
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August 21, 2013, 09:28 AM | #55 | ||
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Again, I do not know the answer but I think that mootness/standing is at least an issue that would have to be resolved if the litigation were still ongoing when the plaintiff turns 21.. |
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September 3, 2013, 10:24 PM | #56 |
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Location: Indianapolis, IN
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I haven't seen anything else on this case, but I may have overlooked it. Anyhow, this may just impact the decision, even though Illinois isn't on the list of states...
Basically 22 State's AG's have joined the NRA in a fight for the rights of 18-20 year olds to purchase a handgun... http://www.nraila.org/news-issues/ne...ng-adults.aspx |
September 4, 2013, 08:25 PM | #57 | |
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Kepp in mind most personal taxes were at one time property taxes and that is why the right to vote was tied to owning property. Restricting property ownership was a way to control who voted without running afoul off this principle. Being denied the right to vote is itself an unequal protection. The case being discussed is another. There are many. Anyone who can vote is unaffected, so of course no one in power cares at all. |
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