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To: circumbendibus

Elapsed Time Since Judge Simandle's Motion Return/Decision Date of 3 Aug 2009

77 Days, 00 Hours, 21 Minutes, 51 Seconds.

5 posted on 10/19/2009 3:30:40 PM PDT by Red Steel
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To: Red Steel

In this case, the MTD hearing was handled in written arguments. The attorneys did not appear before the Judge like Orly did with Carter.

Anyhow, Apuzzo wrote the Judge recently and politely asked, WTF?

The judge responded within 24 hrs that he was very busy and considering all the complicated issues and hoped to have his decision shortly.

If you’re interested, scroll back on this blog to Friday. Apuzzo and Kirchner were on a radio show talking about their case and also Orly’s. Interesting.


6 posted on 10/19/2009 7:44:34 PM PDT by circumbendibus (Where's the Birth Certificate?)
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To: Red Steel

The Federal Courts Are Committing Treason to the Constitution per Chief Justice John Marshall
The Federal Courts Are Committing Treason to the Constitution per Chief Justice John Marshall

Per the great U.S. Supreme Court Chief Justice John Marshall, the federal courts and judges are committing treason to the Constitution by not taking jurisdiction and getting to the merits in the various cases before them regarding the Article II eligibility clause question for Obama.

It is worth keeping in mind the words of U.S. Supreme Court Chief Justice John Marshall when he wrote in Cohens v. Virginia 19 US 264 (1821):

“It is most true that this Court will not take jurisdiction if it should not: but it is equally true, that it must take jurisdiction if it should. The judiciary cannot, as the legislature may, avoid a measure because it approaches the confines of the constitution. We cannot pass it by because it is doubtful. With whatever doubts, with whatever difficulties, a case may be attended, we must decide it, if it be brought before us. We have no more right to decline the exercise of jurisdiction which is given, than to usurp that which is not given. The one or the other would be treason to the constitution. Questions may occur which we would gladly avoid; but we cannot avoid them. All we can do is, to exercise our best judgment, and conscientiously to perform our duty. In doing this, on the present occasion, we find this tribunal invested with appellate jurisdiction in all cases arising under the constitution and laws of the United States. We find no exception to this grant, and we cannot insert one.”


9 posted on 10/20/2009 9:15:36 AM PDT by danamco
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