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To: hoosiermama; All

Dad is sleeping in, so I’ll ask you two. Doesn’t discovery happen before oral arguments? When will the AZ amicae be triggered?”

Anderson Brief is there waiting to be tied to Best Case with Standing. My bet is that it will be one of Orly’s Cases that no one knows about yet.


55 posted on 02/03/2009 10:08:13 AM PST by FreeManN (Veritas nihil veretur nisi abscondi)
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To: FreeManN
Dad is sleeping in, so I’ll ask you two. Doesn’t discovery happen before oral arguments?

Discovery happens in the trial court, not in the Court of Appeals. There was no discovery in this case because Berg's case was dismissed at the outset. If Berg wins in the Court of Appeals, they will send the case back to the trial court for discovery.

When will the AZ amicae be triggered?”

The Amicus brief was asking the Supreme Court to hear the case. The Supreme Court accepted the brief, but then decided not to hear the case. So the Amicus brief is of no effect any more. The same amicus can ask to file a new amicus brief in the Court of Appeals if they want to, but, according to the docket sheet, they haven't as of yet.

Anderson Brief is there waiting to be tied to Best Case with Standing. My bet is that it will be one of Orly’s Cases that no one knows about yet.

Not accurate-- see above.

91 posted on 02/03/2009 11:10:42 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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