Subject:
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Re: One of our favorite issues!
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Newsgroups:
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lugnet.off-topic.debate
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Date:
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Thu, 13 Jun 2002 17:54:37 GMT
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Viewed:
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339 times
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In lugnet.off-topic.debate, Richard Marchetti writes:
> > http://www.cnn.com/2002/LAW/06/10/scotus.guns.ap/index.html
>
> This was a poorly written article, I think.
Upon rereading it, I agree. It's a bit more scattershot than I'd
initially thought.
> The main thing is the
> court will avoid answering constitutional questions if it can, leaving many
> things on the table for future disputes. The court doesn't answer questions
> it is not asked, and they do not write answers broader in scope than is
> absolutely necessary.
I suppose that, as a matter of practice, to do otherwise would cause the
judiciary to sort of bleed into the legislature.
If there is any other way to get rid of a problem,
> including just not granting certiorari in some instances, the court will use
> that method to dispense with the cases presented to them. Simple as that.
Curse them and their "rejected with comment" option! I wonder if it would
sometimes be useful to know specifically why this or that case was not heard.
Dave!
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Message has 1 Reply:
 | | Re: One of our favorite issues!
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| (...) Consider also that only your first appeal to a higher court is a matter of right, all subsequent appeals must be granted certiorari. That means to reach the Supreme Court you have to have something that the courts are even willing to (...) (22 years ago, 13-Jun-02, to lugnet.off-topic.debate)
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Message is in Reply To:
| | Re: One of our favorite issues!
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| (...) I am not a lawyer, Dave!, but I think the answer is no. But that doesn't really mean anything -- not if you understand the Ashwander Doctrine which I have mentioned here in debate previously (see: (URL) The main thing is the court will avoid (...) (22 years ago, 13-Jun-02, to lugnet.off-topic.debate)
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