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To: edwinland

The Constitution limits the federal judicial power to cases or controversies. When the government initiates and the defendant does not oppose dismissal of a guilty plea, the court loses subject matter jurisdiction because there is no longer a case or controversy to adjudicate. At most, the court would still have jurisdiction to impose sanctions for prior misconduct by an attorney or a party or witness.


19 posted on 05/18/2020 12:46:15 PM PDT by Rockingham
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To: Rockingham

By the way, an outstanding defense of that truth comes at the beginning of Scalia’s dissent in the DOMA case:

https://www.supremecourt.gov/opinions/12pdf/12-307_6j37.pdf


20 posted on 05/18/2020 1:00:36 PM PDT by edwinland
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