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To: USFRIENDINVICTORIA
-- Isn't that how it should always be? Judges rule on the case and parties before them -- as opposed to district judges making nation-wide rulings against the President. --

The scope of relief depends. In this case the issue before the court was the constitutionality of a government order, and the requested remedy was a temporary restraining order

A case cited in the decision in this lawsuit is in re Abbot, decided in the 5th Circuit (so an appellate decision) on April 7 this year, a week ago. The issue in Abbot was EO prohibiting abortion in light of coronavirus, and the remedy sought was a finding that the prohibition was unconstitutional as a matter of law.

The 5th circuit court of appeals found abortion to be a constitutionally protected right as a matter of law. The whole 5th Circuit is implicated in that, but at least the entire state of Texas is in the scope of relief, the whole state being under the prohibiting order.

So why not apply this decision to the whole state of Kansas? Because the motion was for a temporary restraining order, not for a finding that the order is unconstitutional as a matter of law. The ultimate issue was not decided. The conclusion that justified the temporary relief is that it is likely the court will find the order to be unconstitutional, depending on what it had for breakfast the day it decides.

14 posted on 04/19/2020 2:00:01 AM PDT by Cboldt
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To: Cboldt

Thanks for the informative reply. I took a few law courses in grad school — but, there are many differences between the American and Canadian justice systems. Some aspects of the American system still mystify me, despite learning a lot here over the years.


22 posted on 04/19/2020 1:33:12 PM PDT by USFRIENDINVICTORIA
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