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To: mewzilla
But since this is now de novo (or however you put it), couldn't the SCOTUS hear it now?

SCOTUS doesnt hear evidence. They hear briefs on the law and decide constitutionality. Evidence (hearing on facts) is only done by the Federal District Courts. Appeals Courts and SCOTUS only deal with due process and constitutional type issues.

639 posted on 03/22/2005 6:07:57 AM PST by Dave S
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To: Dave S

Well, didn't Whittemore, if I understood his ruling correctly, suggest what the Congress did was uncosntitutional? If so, the SCOTUS could review that, couldn't it?


646 posted on 03/22/2005 6:09:43 AM PST by mewzilla (Has CBS retracted the story yet?)
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