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To: hoosiermama; prairiebreeze

First I’ve heard anything about it. I think the Marxist is stalling the case in the lower courts, because he’s hoping one of our guys will die so that he can appoint another libtard to SCOTUS to stack his side of the vote.

Chief Justice Roberts could reach down to take the case and he should!


49 posted on 04/15/2011 11:30:53 AM PDT by onyx (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: onyx
"Chief Justice Roberts could reach down to take the case and he should!"

This seems to be a very popular misconception, especially here, but it simply is not true. There have been a number of federal statutes enacted over the last 235+ years that spell out precisely how and when the Supreme Court can hear cases: Judiciary Act of 1891, Judiciary Act of 1925 and the Supreme Court Case Selections Act of 1988 most recently. But, even before the Judiciary Act of 1891 that for the first time established America's Circuit Courts, in almost all cases, the Supreme Court couldn't intervene until there was either an interlocutory appeal, or an appeal of final judgement.

The CJ does have perhaps a bit more influence than the other justices, if for no other reason than he sets the agenda during these kinds of conference meetings, but at the end of the day, it still takes four justices to agree that a case be heard, providing it isn't one of the exceedingly rare cases where the Court enjoys original and exclusive jurisdiction. This isn't one of those rare cases. If it were, the case would have been filed as a complaint directly with the Court. It wasn't.

50 posted on 04/15/2011 11:57:00 AM PDT by OldDeckHand
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To: onyx

This is a great link if you want to read and understand more about the country’s plentiful and sometimes confusing federal court system.

http://www.uscourts.gov/EducationalResources/FederalCourtBasics/CourtStructure/UnderstandingFederalAndStateCourts.aspx


51 posted on 04/15/2011 11:58:55 AM PDT by OldDeckHand
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