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Old June 2, 2009, 01:29 PM   #1
maestro pistolero
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OP deleted as a drive by. My apologies.

Last edited by maestro pistolero; June 2, 2009 at 02:45 PM.
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Old June 2, 2009, 02:12 PM   #2
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I think we knew that SCOTUS would be involved sooner or later on the incorporation issue.
I'm glad that this may finally get resolved.
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Old June 2, 2009, 02:15 PM   #3
Glenn E. Meyer
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This is technically a drive - by - the issue is important, so someone needs to write an analysis quickly or I'll be forced to closed it.

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Old June 2, 2009, 02:22 PM   #4
Wildalaska
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Short analysis:

SCOTUS has spoken and only SCOTUS can change it.

It is imperative that this go to SCOTUS before the makeup of the Court changes

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Old June 2, 2009, 02:31 PM   #5
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Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not.

There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so.
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Old June 2, 2009, 02:42 PM   #6
azredhawk44
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Quote:
Pretty much the 7th said they think that the 9th screwed up by incorporating, since the SCOTUS has previously ruled it is not.

There was some dicta that seemed to say they think it should be, but they were clear that they think it is not their place to do so.
Very respectable of them, IMO (untrained as I am from a legal standpoint).

As much as I like the 9th's incorporation decision... it did seem to be legislating from the bench. Which we hate as a policy. Subordinate courts can't overrule higher court decisions.

I doubt SCOTUS will hear this before an Obama appointee gets approved. No matter, though. The loss of Ginsberg for another raving lib is not going to change the makeup for this issue.
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Old June 2, 2009, 03:18 PM   #7
Glenn E. Meyer
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Oh, phooey - here's the link for info.

I just wanted a review.

http://www.ca7.uscourts.gov/tmp/O01FG3KP.pdf

And we don't need to go off on raving, blah, blah.

So I'm closing it.

If someone wants to read this and post a cogent summary, that would be welcome.
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