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To: ContraryMary
The court cannot decide issues that are not presented before it, and the constitutionality of the law was not presented.

It certainly was. When the Schindlers presented the application to the federal court, it was the federal courts duty to determine it's legality. The Schindlers did not present their petition under the protection of the law to the 9th circus.

191 posted on 03/31/2005 4:40:44 PM PST by AndrewC (All these moments are tossed in lime, like trains in the rear.)
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To: AndrewC

I suggest you re-read the rulings. The constitutionality of the law was not argued in court.


192 posted on 03/31/2005 4:57:43 PM PST by ContraryMary (WPPFF Member)
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