Posted on 11/23/2020 9:53:24 AM PST by truthkeeper
That is not true. Courts of Appeal reverse U.S. District Court Judges on a very regular basis, especially when those Judges refuse to address the law and the facts as this District Court Judge did. Also, the COA does not want to be reversed by the SCOTUS. It would be very embarrassing for them.
Denying an opportunity to file an amended complaint is greatly frowned upon. Rudy will win on that issue. If so, the other issues don’t really matter.
Reverse decisions, yes. But if a lower court tosses a case due to lack of standing and failure to state a way their damages could have been redressed then that isn't going to change with a higher court.
Alito as Circuit Judge
He is not a circuit judge. He is the Supreme Court Justice responsible for the Circuit that has jurisdiction for the case.
Usually if a lower court dismisses a suit with prejudice then the reasons for the dismissal will apply at the appeals level as well.
The hard part is how much of the ridiculous tripe from the lower court judge is actually legally relevant.
you are right..it is very very mangled...multitasking
I did.
The hard part is how much of the ridiculous tripe from the lower court judge is actually legally relevant.
In terms of determining whether the appeals court will overrule the lower court and take the case? All of it.
She said it was dismissed before even allowing evidence to be heard.
Surely appeals will get to that.
It was dismissed with the evidence that was provided in the original submission and in several revisions after that. If Rudy had more evidence then he should have submitted it.
That’s not what they said.
Could SCOTUS send it back saying “take another look”?
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