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To: Kenny Bunk
This is where we musty sadly part legal company. He is exercising every prerogative of the office.... De facto, not de jure.
...
He cannot be removed except by impeachment and conviction in Congress. If the the SCOTUS rules on the appeal of the Writ of Quo Warranto, and finds him indeed to to be ineligible, they cannot order his removal.

Think about this: When the Supreme Court declares a law to be unconsituttional, they don't repeal, just, in effect, order all lower courts not to enforce it. It's as if it never existed.

390 posted on 04/08/2010 10:33:16 PM PDT by El Gato ("The second amendment is the reset button of the US constitution"-Doug McKay)
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To: El Gato
When the Supreme Court declares a law to be unconsituttional, they don't repeal, just, in effect, order all lower courts not to enforce it. It's as if it never existed.

Interesting point. Let's say that there are a number of cases that have been resolved in lower courts based on an understood interpretation, and that suddenly, the SCOTUS hears an appeal and decides that the formerly operative interpretation needs to be changed.

All of those who had been adversely affected by the former, now "wrong," interpretation aren't immediately made whole. IOW, if they lost $1Million because of it, they don't automatically get that money back ... they get to hire more lawyers, go back to court, and litigate for the return of what in logical effect is rightfully their money. And guess what, Gato, they could still lose!

I definitely feel our pain. Remember your Dickens?

The law? The law, sir, is a ass!

420 posted on 04/09/2010 6:45:15 AM PDT by Kenny Bunk (Obama. He'll bring back States' Rights. In the meantime, this ain't gonna be pretty.)
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