Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Oldeconomybuyer

She’s a real peach.


2 posted on 10/20/2022 2:16:57 PM PDT by imabadboy99
[ Post Reply | Private Reply | To 1 | View Replies ]


To: imabadboy99
She’s a real peach.

The law doesn't work that way. The Supreme Court almost always lets the lower courts handle its cases. The law doesn't move quickly and never has.

29 posted on 10/20/2022 2:49:53 PM PDT by rexthecat
[ Post Reply | Private Reply | To 2 | View Replies ]

To: imabadboy99

The language in “Flast v Cohen, 392 U.S. 83 may provide some insight as to why Justice Barrett made the correct but unfortunate decision:

The nexus demanded of federal taxpayers has two aspects to it. First, the taxpayer must establish a logical link between that status and the type of legislative enactment attacked. Thus, a taxpayer will be a proper party to allege the unconstitutionality only of exercises of congressional power under the taxing and spending clause of Art. I, § 8, of the Constitution. It will not be sufficient to allege an incidental expenditure of tax funds in the administration of an essentially regulatory statute. This requirement is consistent with the limitation imposed upon state-taxpayer standing in federal courts in Doremus v. Board of Education, 342 U. S. 429 (1952). Secondly, the taxpayer must establish a nexus between that status and the precise nature of the constitutional infringement alleged. Under this requirement, the taxpayer must show that the challenged enactment exceeds specific constitutional limitations imposed upon the exercise of the congressional taxing and spending power, and not simply that the enactment is generally beyond the powers delegated to Congress by Art. I, § 8. When both nexuses are established, the litigant will have shown a taxpayer’s stake in the outcome of the controversy, and will be a proper and appropriate party to invoke a federal court’s jurisdiction.

Page 392 U. S. 103

Also see, Commonwealth of Massachusetts v. Mellon, 262 U.S. 447 (1923)


30 posted on 10/20/2022 2:49:54 PM PDT by thegagline (Sic semper tyrannis )
[ Post Reply | Private Reply | To 2 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson