Maine has voted Democratic in every presidential election since 1992.
Summary Judgment! Not even close.
My problem with it is all the layers. One appeal after another for those who can’t get it really right even with judge shopping. Just look at all the districts Trump is subject to. Get it right the first time. The jury I was on would not find guilty in a domestic case. The judge makes $200k/yr to pay attention and say sustained/overruled. State had a very weak case so they dumped it on a jury. A complete waste of time/money.
We are over-lawyered and under-represented-Jimmy Carter.
MMMMMMM.......LOBSTAH.....
Is the justice who made this ruling the same Douglas Ginsburg who was proposed as a replacement for Robert Bork, when the Senate defeated Bork’s nomination? Ginsburg was dropped quickly when it was revealed that he had smoked marijuana in college. So we wound up with the dreadful Anthony Kennedy.
Great news - thanks for posting.
The case, Ginsburg wrote, centered around the National Marine Fisheries Service complying with the Endangered Species Act when doling out licenses to fisheries in federal waters.
In the case, Ginsburg wrote that the organization was to prepare a biological opinion that details how fishing affects endangered and threatened species. That biological opinion, Ginsburg wrote, has to determine if the federal fishery is “not likely” to put any protected species in jeopardy.
According to court documents, the case centered on the service’s “efforts to protect the North Atlantic right whale from mankind and lobstermen.” According to court documents, the whale has been on the protected list since the list was created, and despite reaching 500 North Atlantic right whales in existence in 2011, that number has dropped to 358.
In the decision, Ginsburg wrote that the fisheries service was unable to raise an independent defense for one of the counts in the case and directed the District Court to vacate the biological opinion, which said that lobstermen kill right whales, and provide the relief sought by lobstermen.
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