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To: traderrob6
"In other words, regardless of a reasonable judgement of Judicial neccessity, politics at that level trumps all."

For the Court to grant cert, only four affirmative votes are required - in fact, attorneys call it the "Rule of Four". If it was a "political" decision, it would easily catch a grant. The Court, contrary to popular opinion, just doesn't operate like that - politically.

There are in fact several well-founded legal reasons why the Court won't hear the case in an expedited manner. The author names one or two, I named one (ripeness) and there are several others that are entirely too complicated to explain in a forum like this, without writing a short book.

If you're interested, Kevin Walsh, a former Scalia clerk and current Asst. Professor at Virginia, makes his case why the particular Old Dominion case is (likely) fatefully flawed.

I also personally think Virginia's case has problems, some that Walsh outlines, and some others. I predict it won't be heard this week and that ultimately the Florida case will be litigated long before Virginia's is settled.

23 posted on 04/14/2011 7:04:32 PM PDT by OldDeckHand
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To: OldDeckHand

If you’re interested, Kevin Walsh, a former Scalia clerk and current Asst. Professor at Virginia, makes his case why the particular Old Dominion case is (likely) fatefully flawed.

I’m not particularly impressed by the merits of - or lack of - that brief, although I agree that the Florida case may very well be heard first.


44 posted on 04/15/2011 10:25:23 AM PDT by bill1952 (Choice is an illusion created between those with power - and those without)
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