U.S. CitiesCity-Data Forum Index
Happy Easter!
Go Back   City-Data Forum > General Forums > Politics and Other Controversies
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
 
Old 03-16-2011, 01:51 PM
 
Location: Littleton, CO
20,894 posts, read 13,130,605 times
Reputation: 3949

Advertisements

Quote:
Originally Posted by chucksnee View Post
So he is stalling....I just wanted to see if a leftie would say that....
Oh... it's far more significant than a "stall."

The reason the plaintiffs want to expedite and skip the appeal is because they are terrified (for very good reason) that the appeals court will reverse Judge Vinson.

And The DoJ is equally confident that they will.

This is just damn good lawyering... on both sides.
Quick reply to this message

 
Old 03-16-2011, 01:52 PM
 
69,372 posts, read 53,664,795 times
Reputation: 9357
Quote:
Originally Posted by DC at the Ridge View Post
The DEPARTMENT OF JUSTICE filed a brief in response to a request to expedite made by the opposing attorney. Their response points out that skipping lower courts and the thoughtful opinions of lower appeals courts is to short-circuit the legal process.
No its not.. There are laws in place to bypass lower courts for scenarios JUST LIKE THIS...
Quote:
Originally Posted by DC at the Ridge View Post
Barring an emergency, we haven't done that in the past, and there is no need to do it now. The Supreme Court justices will review the application by Virginia's Attorney General, and the brief filed against that application by the DEPARTMENT OF JUSTICE, and will make up their own minds.
They have indeed done this in the past..
Antititrust cases for example
Quick reply to this message
 
Old 03-16-2011, 01:52 PM
 
9,897 posts, read 6,603,224 times
Reputation: 2519
Quote:
Originally Posted by HistorianDude View Post
Because he is counting on a reversal on appeal that will make his position stronger when it finally gets in front of SCOTUS.

Duh.
But, there will not be a reversal on appeal. Not
for the insurance mandate anyway.
Quick reply to this message
 
Old 03-16-2011, 01:53 PM
 
69,372 posts, read 53,664,795 times
Reputation: 9357
Quote:
Originally Posted by DC at the Ridge View Post
There is no request for the Supreme Court to not get involved. There is every expectation that the Supreme Court will get involved. There is a request that lower courts not get involved. That the legal process be aborted. Virginia is asking for the legal process to be aborted. The Department of Justice is arguing that the process itself has value, and that skipping the lower courts ignores that value. The Supreme Court will have to decide.
This is NOT aborting the process.. Please review laws like the 1903 Expedition Act, and the 1974 Expedition Act..

THIS IS THE PROCESS.. You just dont like it..
Quick reply to this message
 
Old 03-16-2011, 01:54 PM
 
Location: Dallas, TX
31,777 posts, read 24,032,429 times
Reputation: 12105
Quote:
Originally Posted by pghquest View Post
No its not.. There are laws in place to bypass lower courts for scenarios JUST LIKE THIS...
Duh! Nobody I can see here has argued against that. The problem, however is, you're dismissive of established processes, response to request for expediting something, and of the established normal process.
Quick reply to this message
 
Old 03-16-2011, 01:56 PM
 
Location: Dallas, TX
31,777 posts, read 24,032,429 times
Reputation: 12105
Quote:
Originally Posted by pghquest View Post
I read posting #53.. its wrong..
What is wrong? I will look forward to you backing up your claim.

Quote:
Btw, you havent listed your qualifications to tell me why you think you know more than a federal judge.. Why is that?
A basic understanding of the process. Why do you think it takes more than that to have a grasp of an issue being discussed in these forums?
Quick reply to this message
 
Old 03-16-2011, 01:56 PM
 
69,372 posts, read 53,664,795 times
Reputation: 9357
Quote:
Originally Posted by EinsteinsGhost View Post
Duh! Nobody I can see here has argued against that. The problem, however is, you're dismissive of established processes, response to request for expediting something, and of the established normal process.
The NORMAL process is to expedite court hearings which have national impact.. AGAIN.. the 1903 and 1974 Expedition Acts give the Supreme Court the authorization to bypass ALL court hearings and to hear the case directly. The bypassing of lower courts have happened previously in examples like antitrust cases..

I'm again asking you why you think you know more than US Federal Judges and the US Supreme court who has HEARD cases without lower court rulings..
Quick reply to this message
 
Old 03-16-2011, 01:56 PM
 
Location: The Heartland
4,457 posts, read 3,597,535 times
Reputation: 758
Over 1000 waivers and climbing to Obamacare, how can this be good law?
Quick reply to this message
 
Old 03-16-2011, 01:57 PM
 
39,076 posts, read 23,189,746 times
Reputation: 12157
Quote:
Originally Posted by pghquest View Post
No its not.. There are laws in place to bypass lower courts for scenarios JUST LIKE THIS...

They have indeed done this in the past..
Antititrust cases for example
Actually, dear, as YOU"VE labored to point out over and over, it's not up to you to determine if this is a scenario where Rule 11 applies. It's not up to you, it's not up to you...It's up to the court. The attorney general makes a persuasive case, but as the attorney general himself points out, there have been waivers issued to numerous entities, which means the impact of the legislation that has taken affect is already diluted, and much of the legislation won't take effect for some time. As the Department of Justice points out, we have a process that is tried and true, the process itself adds value to the final rulings of the court, and the decision to abort the process should only be done in extreme emergencies. How much of an emergency this case is will have to decided by the judges.
Quick reply to this message
 
Old 03-16-2011, 01:58 PM
 
Location: Littleton, CO
20,894 posts, read 13,130,605 times
Reputation: 3949
Quote:
Originally Posted by pghquest View Post
That the best you can do? SO?
That's all that is necessary. Vinson issued his order. The DoJ complied. This is now officially out of Vinson's hands unless and until a higher court sends it back to him for some reason.

Quote:
Originally Posted by pghquest
Its very clear that you have no concept of a time is of the essence order. By asking the Supreme Court to not get involved, which will delay the Supreme Courts decision, you are VIOLATING the order which mandated time is of the essence.
And you have no idea what "a court order" means. You can't violate an order that was never given. And there was no order given for the DoJ to skip the appeal process.

Quote:
Originally Posted by pghquest
There is nothing limiting the Supreme Court from taking the case from the appellate judges to hear it.. Sadly for you liberals its up to the Supreme Court to decide what they hear.. not Obama and not you liberals.
No. There isn't. But it would be a rare and unusual exception to the legal process. Both sides have made their cases. The Supreme Court will decide one way or the other.

I am not sure what your real problem here is?

Quote:
Originally Posted by pghquest
By asking that the 1974 Expedition Act be ignored, he is indeed violating the federal judges demand for time is of the essence.
The DoJ has not asked for the Expedition Act to "be ignored." And they are violating no court order.

They have simply made their argument to SCOTUS just as the plaintiffs have regarding whether or not this case should skip the appeals court.
Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


 
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:
Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > Politics and Other Controversies
Similar Threads
Follow City-Data.com founder on our Forum or

All times are GMT -6.

2005-2018, Advameg, Inc.

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top