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Authored by: Anonymous on Thursday, May 31 2012 @ 08:17 PM EDT |
Its possible, yes, but that would just then make the issue ripe for the Supreme
Court because of the conflicting rulings in different circuits.
I think this order was as broad as Judge Alsup could safely make it, and I think
that it will probably stand the test of time (but IANAL).[ Reply to This | Parent | # ]
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Authored by: IANALitj on Friday, June 01 2012 @ 12:25 AM EDT |
Yes, it is possible that another court considering another case would
"distinguish" (to use the technical term) this decision as applying to
its facts but not the facts of the other case.
However, this decision does provide a lot of ammunition for reaching the same
result in other cases with different facts.
It's like a beam sticking out of a building: if it is strong enough, and well
enough anchored, it can be used to hoist very heavy weights indeed. This
opinion does seem to be strong in its analysis of the facts and well anchored in
its analysis of the law.[ Reply to This | Parent | # ]
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