Posted on 02/05/2017 12:19:26 PM PST by ColdOne
Article 3 Section 2 of the US Constitution CLEARLY states that if a “State” is a Party, the Supreme Court has “Original” Jurisdiction. That means the “State” goes Directly to the USSC and bypasses ALL INFERIOR COURTS, if they refuse to take it, the case is OVER. Inferior Courts have ZERO Authority under this clause. On WHAT PLANT does an “inferior” court created by Congress have Any Authority to hear a case where a “State is a Party”????
“...State shall be Party, the supreme Court shall have original Jurisdiction”...
Article 3 Section 2 US Constitution
In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
I know, you all believe the Constitution says what a bunch of lawyers says it says instead of what it really says. Unfortunately the LANGUAGE IS PRETTY CLEAR.
Different plaintiffs forum shopping multiple lawsuits in multiple courts until they get a ruling they like.
Yes, that’s how I read it as well.
anton says there is a constitutional argument for doing it this way but I haven’t quite grasped it.
Thanks for that- sounds like it’s kinda like a ‘censure’ in the government?
..........it is! Good analysis. I once got a State District Court Judge mandamused by the Texas Supreme Court. The lawyers involved said they had never seen such a SLAP! against a District Judge. Cost me a small fortune to get it but it was worth iT.
That's my thoughts as well. If they rule against the religious segment reword it or take it out. If they try and rule against visa holders, include extreme vetting in new order that only lets those from identified countries in AFTER fully vetted.
I figure Trump can tun them crazy with that strategy. What can they do, rule against future orders?
it would be epic if President Trump’s lawyers could do the same to this federal judge- It would definitely be a shot across the bow to anyone else thinking about ignoring the law in the future
There are a lot of similarities, Robart was waaaaayyyy out of bounds legally.
If Trump was serious he’d just write another executive order. Everytime they rule against him, just write another slightly different order and move on.
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