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To: marktwain

The big issue here is the 10th. PLCAA is a purposeful over-ride of state laws, expressly justified by the Commerce Clause. This is the precise reason the Commerce Clause exists, and it’s being used to protect the 2nd Amendment.

Appeals courts usually ALWAYS presume the facts of the case as found by the lower courts unless there’s a basis for finding them literally unreasonable or impaired.


5 posted on 10/10/2020 6:14:16 AM PDT by dangus
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To: dangus
PLCAA is a purposeful over-ride of state laws, expressly justified by the Commerce Clause.

I agree. A state cannot destroy business outside its boundaries with its tort law, and say "It is not commerce, it is law".

If it has feathers like a duck, waddles like a duck, and quacks like a duck, it is a duck.

Tort law in the U.S. has undergone a complete revolution since 1965. There were many restraints on tort law which have been eliminated.

8 posted on 10/10/2020 6:20:47 AM PDT by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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