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To: Saint Athanasius
This statement is NOT a problem. It is a perfectly proper statement from a nominee to an inferior appellate court.

All federal judges from inferior courts are absolutely bound by ALL Supreme Court precedent. NO discretion. But, a justice of the SC is not bound.

His statement was in the context of the circuit court confirmation proceedings. Notice that he did not say he agrees with RvW. He only said that he would follow it (as a circuit court judge).

Now in confirmation he can either ignore the question, or say (accurately) that RvW is the law of the land. It is, for now.

I am a lawyer and absolutely PRO Life, but I would have given the same answer he did during confirmation. Do not read anything negative into it. This guy is the real deal.

35 posted on 07/19/2005 10:08:32 PM PDT by Clump
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To: Clump

Really, would you please tell that to the Ninth Circuit!


36 posted on 07/19/2005 10:10:14 PM PDT by Saint Athanasius ("I've noticed that everyone who is for abortion has already been born." - Ronald Reagan)
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To: Clump

I saw that too. Perfectly explained.


40 posted on 07/19/2005 10:22:58 PM PDT by Lexinom (http://www.abort73.com)
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