Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Have not seen this posted here. The original version is at the Author's website / blog.

A quick reading of the quoted sections of the Constitution reveals no reason for me to disbelieve her write up.

At the moment, the 9th Circuit is giving the Governor and State of Arizona a disrespectful slap by saying they cannot hear the appeal until November. This is willful arrogance on the part of the Leftist judiciary. It would be a good hard slap back at them if Arizona did indeed do what is recommended here.

My opinion is that the attorney should amend his appeal to vacate "judge" Bolton's TRO and drop the case for lack of jurisdiction. Let Holder call John Roberts and see if he can get on the Supreme Court schedule with his outrageous strike against America.

1 posted on 08/02/2010 10:07:15 PM PDT by Regulator
[ Post Reply | Private Reply | View Replies ]


To: Regulator

Excellent catch!


2 posted on 08/02/2010 10:11:03 PM PDT by ConservativeMind ("Humane" = "Don't pin up pets or eat meat, but allow infanticide, abortion, and euthanasia.")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

bookmark


3 posted on 08/02/2010 10:16:04 PM PDT by GOP Poet (Obama is an OLYMPIC failure.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

I think I might grab some popcorn...


4 posted on 08/02/2010 10:16:50 PM PDT by Tennessean4Bush (An optimist believes we live in the best of all possible worlds. A pessimist fears this is true.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Admin Moderator

This might be worth reclassifying as News to put it in Extended News.


5 posted on 08/02/2010 10:19:56 PM PDT by ConservativeMind ("Humane" = "Don't pin up pets or eat meat, but allow infanticide, abortion, and euthanasia.")
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

The Constituton was written to keep the federal government out of our face. That fact has been lost for many years.


6 posted on 08/02/2010 10:22:20 PM PDT by blackbart.223 (I live in Northern Nevada. Reid doesn't represent me.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator
Awesome find! Photobucket
7 posted on 08/02/2010 10:23:48 PM PDT by xuberalles (The Right Stuff: The Best Anti-Liberal Novelties On The Net ! http://www.zazzle.com/xuberalles)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

Boy are you wrong.


8 posted on 08/02/2010 10:23:48 PM PDT by Domangart
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator
Yes, the Supreme Court has original jurisdiction over cases between the US and a state; but not exclusive original jurisdiction.

The district courts also have original jurisdiction in these types of cases.

Congress has clarified the exclusive original jurisdiction to be only disputes between states:

Title 28, Section 1251 of the US Code:

(a) The Supreme Court shall have original and exclusive jurisdiction of all controversies between two or more States.

(b) The Supreme Court shall have original but not exclusive jurisdiction of:

(1) All actions or proceedings to which ambassadors, other public ministers, consuls, or vice consuls of foreign states are parties;

(2) All controversies between the United States and a State;

(3) All actions or proceedings by a State against the citizens of another State or against aliens.

So yes, the District Court in which Judge Bolton sits has jurisdiction to hear this case.

10 posted on 08/02/2010 10:28:32 PM PDT by SirJohnBarleycorn
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator
"Attorney General Eric Holder filed the case in a court which is specifically stripped of jurisdiction to hear it! "

WHY do we have someone that STUPID as Attorney General of the United States of America?

RIFOil


13 posted on 08/02/2010 10:37:02 PM PDT by FrankR (It doesn't matter what they call us, only what we answer to....)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

Very interesting. It makes sense that the Supreme Court should handle such a direct

The entire country is not harmed if a citizen is somehow reported to ICE, so how can the federal government have standing? Has it happened in RI and what were the consequences?


15 posted on 08/02/2010 10:38:27 PM PDT by skr (May God confound the enemy)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

bookmark


18 posted on 08/02/2010 11:15:01 PM PDT by jcsjcm (American Patriot - follow the Constitution and in God we Trust - Laus Deo)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

Original jurisdiction does not mean that the Supreme Court has to hear it first. It just means that it can hear it first. What I have not understood is why the state did not seek to move it to the Supreme Court. There may be a Supreme Court rule of court that prevents it. This clause is not obscure; it is known by any first year law student. So, there must be a reason why Arizona’s lawyers did not seek to have the case sent to the Supremes. I just don’t know what it is.


24 posted on 08/03/2010 12:09:00 AM PDT by Defiant (2010 is pretty much it, folks. Send them packing, or start packing.)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: P-Marlowe

what’s your take on this?

Constitution seems clear to me.

Why doesn’t Arizona object?


28 posted on 08/03/2010 12:59:37 AM PDT by xzins (Retired Army Chaplain and proud of it. Those who truly support our troops pray for their victory!)
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator
Whatever "Constitutional Authority" is...

Actually, I am waiting for some governor with guts to say, "I appreciate the court weighing in on this important issue. However, our government is based on a balance of power, and the Executive branch is co-equal to the Legislative and Judicial branches in that regard. Therefore, regardless of any rulings the court may issue, as Chief Executive I will continue to act in the best interests of my state and in accordance with my Constitutionally defined duties. Thank you. Thank you very much."

Yeah sure... I'll see a governor with guts someday.
Who could ever forget Governor Jeb Bush cowering before a county probate judge in the Schiavo case?

I think I'll go throw up now. Thank you. Thank you very much.

46 posted on 08/03/2010 1:26:53 PM PDT by Lancey Howard
[ Post Reply | Private Reply | To 1 | View Replies ]

To: Regulator

Say, wouldn’t this same argument hold true for the Proposition 8 case?


78 posted on 08/04/2010 10:04:33 PM PDT by william clark (Ecclesiastes 10:2)
[ Post Reply | Private Reply | To 1 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


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