Posted on 05/24/2010 5:30:46 PM PDT by rxsid
The Ankeny decision is erroneous on its face and is not precedent in any federal court, especially regarding the definition of NBC.
Whether the Ankeny decision will be cited in any other decision in state or federal courts remains to be seen. The decision was rendered too recently to be a precedent but you can bet that Obama and Department of Justice defense attorneys will be citing Ankeny in their dismissal briefs.
The DOJ will never cite Ankeny (only a state court comment in dicta which in note 14 admits that WKA never declared Wong to be NBC) when the DOJ can cite and falsely spin WKA (a SCOTUS case) to say that WKA directly confirmed that Wong was NBC. I believe DOJ has already cited WKA this way but it would nauseate me more than I am already nauseated by Obama’s press conference today to go and confirm it.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.