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To: sourcery
You are right in general about the limitation of consideration of facts by any appellate court. However, in this instance, the rule is different.

The law just passed by Congress requires the federal court to take jurisdiction of the case and conduct a "de novo" review. In that particular instance, the federal court should go over the facts from the beginning, not accepting as given whatever the state court has done or decided. Self-evidently, the federal trial court did NOT do what Congress directed.

Congressman Billybob

Latest column, "Terri Schiavo, Requiesat in Pacem"

66 posted on 03/24/2005 11:38:19 PM PST by Congressman Billybob (Proud to be a FORMER member of the Bar of the US Supreme Court since July, 2004.)
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To: Congressman Billybob

Alas only for federal issues under existing federal law, and subject to existing federal rules, including rules regarding injunctions.


79 posted on 03/24/2005 11:42:46 PM PST by Torie
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