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To: alancarp
Thanks for that. It sounds like he is convinced.

However, I will note one thing: Vinson actually said that an injunction should not be necessary -- not that a declaratory judgment is functionally equivalent to an injunction.

But, the AG is a politician. I would expect him to exaggerate a bit.

81 posted on 02/03/2011 9:35:25 AM 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: alancarp
Vinson actually said that an injunction should not be necessary -- not that a declaratory judgment is functionally equivalent to an injunction.

Whoops, my bad. Vinson did actually say that.

He was citing "Committee on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008)".

He also added: "declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . . since it must be presumed that federal officers will adhere to the law as declared by the court" (Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 D.C. Cir. 1985)

But, here's the problem: he is assuming that the Obama administration will obey the law. The same administration has been cited for contempt for disobeying an injunction against the moratorium on offshore drilling, so I don't have any confidence they will "honor" a declaratory judgment.

And from what I can find, despite the presumption of abiding by the declaration, there doesn't appear to be any penalties for doing so. I'll check those decisions and see if there is.

83 posted on 02/03/2011 9:43:09 AM 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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