Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article

To: Servant of the 9

No. I think absent POSITIVE action by the Executive Branch SCOTUS was not going to get involved. Beisdes which you are engaging in speculation on the Order of Miss Cleo to ask that question. You need at least 4 judges to agree to hear a case.




you must have missed my other comment, re: that is is possible that the Law was unconstituional on its face, and in refusing to hear it, SCOTUS was doing a Favor.

That also misconstrues the reality it took to get the bill passed quickly. The Congress(and their brief is on here) stated that the intention was for the plain reading to infer fairly that the woman be kept alive, and that the Fed Courts had authority under the All Writs Act to effect the keeping alive.


3,919 posted on 04/01/2005 12:37:20 PM PST by hobbes1 (Hobbes1TheOmniscient® "I know everything so you dont have to...." ;)
[ Post Reply | Private Reply | To 3916 | View Replies ]


To: hobbes1
That also misconstrues the reality it took to get the bill passed quickly.

Interesting. So Congress took out the language mandating temporary injunctive relief, but then tried to sneak it in the back door by filing a brief asserting this "really" was the will of Congress. Unfortunately for the Schindlers, the court didn't buy their argument.

If this truly were the will of Congress, they should have left it in the bill in the first place.

3,924 posted on 04/01/2005 12:57:07 PM PST by malakhi
[ Post Reply | Private Reply | To 3919 | View Replies ]

Free Republic
Browse · Search
Smoky Backroom
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson