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To: Red Steel; justlurking
"If the higher courts refuses to hear the case, it is tantamount to stare decisis as they are letting the lower court ruling stand."

In this interest of factual accuracy, that is not entirely true. If the Court denies certiorari, then no binding precedent is established beyond the precedent that is established in the Circuit that the case originated.

In this particular case, we're talking about a facial challenge to the constitutionality of a federal statute. Generally speaking, that is a VERY high threshold to reach, especially since the Court decided US v. Solerno back in the late 80's. As a purely practical matter, given the importance and rarity of such cases, it's HIGHLY unlikely that if this challenge prevails on appeal (and thus far, both Hudson and Vinson found merit to the challenge), that it wouldn't be heard by the Court. Remember, you only need four to hear the case, not five.

142 posted on 02/03/2011 3:50:51 PM PST by OldDeckHand
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To: OldDeckHand
Generally speaking, that is a VERY high threshold to reach, especially since the Court decided US v. Solerno back in the late 80's.

I looked up US v. Salerno, and I see the connection. But, I haven't been able to find out how that case played out.

It looks like the Circuit Court did indeed find the statute unconstitutional, but the Supreme Court reversed.

What happened during the period between the Circuit Court's ruling and the Supreme Court's ruling? Was Salerno released?

[My rationale for the question should be obvious: I'm trying to find some historical context for what should be happening now]

144 posted on 02/03/2011 4:35:34 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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