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To: EQAndyBuzz
"If they do not take the case does vinson’s verdict stand?"

It depends. If they take VA v. Sibelius, now and decide it narrowly and against plaintiff, then the FL case will continue to be litigated because a) They're different litigants and b)They're cases on (slightly) different matters of law. If, however, they take the case and find for plaintiffs, then of course, the FL will likely be mooted.

There is, of course, the complicating issue of severability. I believe that in the VA case, the district court decision leaves the possibility that the Court can find that the unconstitutional provisions can be severed from the entire statute without nullifying the entire Act. The FL court judged explicitly ruled differently (I think for good reason) that the constitutional infirmities cannot be severed from the Act. Depending on how the Court sees it, and makes their opinion, there is a remote chance that the FL could continue to be litigated even if the Court finds some constitutional infirmity in the law in the VA case.

It's a bit confusing, but that's it in simplified nutshell.

As I said in an earlier post, the FL case, for a variety of reasons, is a bit cleaner and probably lends itself better to examination by the Court. Plus, the 11th Circuit works just as quickly as the 4th, so I think the time frame works well too.

30 posted on 04/14/2011 9:10:45 PM PDT by OldDeckHand
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To: OldDeckHand

I appreciate your insight - I like reading posts where I learn something.


35 posted on 04/15/2011 5:12:05 AM PDT by Puddleglum (dance with the horse that brung ya)
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