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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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To: bill1952
"I’m not particularly impressed by the merits of - or lack of - that brief"

Hey, I'm all ears why you think the Court is going to reverse or ignore itself and set aside its self-imposed "limits on statutory subject-matter jurisdiction over declaratory judgment actions in which a state seeks a declaration that a state statute is not preempted by federal law."

Ironically, when VA enacted a state law to presumably guarantee that it would have standing to sue in federal court, it actually foreclosed it's ability to sue in federal court using that state statute. Walsh capably explains why, as a matter of law, that is true.

Cuccinelli made a tactical error, but he shouldn't be too embarrassed because it's an error that a throng of Obama DoJ lawyers didn't catch themselves.

BTW, Walsh is regarded as one of the brightest, more promising minds in the conservative legal movement - and he is just that, a movement conservative.

46 posted on 04/15/2011 10:50:36 AM PDT by OldDeckHand
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