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To: Red Steel
Every federal district judge in the country could give an opinion upholding OBotcare, a federal law, as constitutional except for one who found OBotcare unconstitutional. The unconstitutional finding would be the binding opinion, the law of the land, that would invalidate the federal law.

I'm sorry, but in order to convince me of this, you're going to have to provide a citation -- or at least an example where it happened.

136 posted on 02/03/2011 2:54:17 PM PST by justlurking (The only remedy for a bad guy with a gun is a good WOMAN (Sgt. Kimberly Munley) with a gun)
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To: justlurking
You left this out which modifies what I said,

The opinion stands until the federal government formally appeals the holding where an appellate court takes the appeal and then rules contrary to the unconstitutional opinion against OBotcare.

If the higher courts refuses to hear the case, it is tantamount to stare decisis as they are letting the lower court ruling stand.

However under our court system, the issue could never end, if people continually challenge the law even after the Supreme Court have ruled on the case. In theory nothing is totally immune from being overturned.

139 posted on 02/03/2011 3:25:32 PM PST by Red Steel
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