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To: rxsid; GreatOne; David; holdonnow; theothercheek; BP2; Red Steel; All
Can someone please explain exactly what is a "Merits Panel" and what is its function?

Additionally, I note that there is nothing in the docket listed about any appearance for Appellee Obama? What is the significance of that in this case?

129 posted on 02/03/2009 12:12:50 PM PST by justiceseeker93
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To: justiceseeker93
Read post #19: Merits Panel Case.
132 posted on 02/03/2009 12:19:50 PM PST by Red Steel
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To: justiceseeker93
Can someone please explain exactly what is a "Merits Panel" and what is its function?

The Circuit Courts of Appeals sit in (randomly-selected) panels of 3 judges. If a procedural motion is made (for example, someone wants more time to file their brief), one judge will rule on that motion, who will not necessarily be one of the 3 judges who will decide the case. If a motion relating to the "merits" of the case is made-- as, for example, here, where the FEC asked that Berg's appeal be thrown out-- the motion is decided by the same 3-judge panel that has been assigned to hear and decide the case.

Additionally, I note that there is nothing in the docket listed about any appearance for Appellee Obama? What is the significance of that in this case?

The FEC (Obama's co-defendant) has aked that the appeal be thrown out. If that motion is granted, Obama doesn't have to do anything. So he is waiting to see if he will need to file anything.

144 posted on 02/03/2009 1:05:34 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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