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To: narses
Their oath of office. An act ultra vires is void on it's face. No court can order someone to violate the law.

One problem here is that courts are almost never officially 'wrong'. If a judge invents facts out of thin air which are contradicted by 99.44% of the available evidence, so long as there's 0.1% of the evidence that supports the judge's claims, they are legally deemed true and effectively unchallengeable.

The only way a judge's finding of fact can be challenged is if new evidence is discovered which did not exist when the earlier finding of fact was made, and if a new result can be achieved while interpreting all the old evidence the same way the trial-court judge did. If the original trial court judge goes out of his way to misinterpret evidence, no other court can challenge it. And even if an appeal is accepted, the usual effect is to send the case back to the trial court where it was originally heard.

Thus, there can be an interesting conundrum regarding the legality of orders which would be legal if certain counter-factual conditions applied, if the judge who issued the order made a finding that such conditions applied. I don't know how to resolve that one from a legal perspective.

221 posted on 10/17/2003 8:41:48 PM PDT by supercat (Why is it that the more "gun safety" laws are passed, the less safe my guns seem?)
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To: supercat
Both the Executive and the Legislative branches are COEQUAL to the judicial. It is time they act like they are.
224 posted on 10/17/2003 8:44:24 PM PDT by narses ("The do-it-yourself Mass is ended. Go in peace" Francis Cardinal Arinze of Nigeria)
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