To: Dont Mention the War
A federal court's jurisdiction must be based upon federal law. (excepting in a "diversity" case which doesn't apply here). Even aside from the (apparent) lack of a federal question, there isn't any basis I'm aware of for a court to enjoin a legislative body from even considering an issue.
To: Mr. Lucky
See post 40. That answers that.
49 posted on
07/14/2003 5:38:22 PM PDT by
TheAngryClam
(NO MULLIGANS- BILL SIMON, KEEP OUT OF THE RECALL ELECTION!)
To: Mr. Lucky
A federal court's jurisdiction must be based upon federal law. (excepting in a "diversity" case which doesn't apply here). Even aside from the (apparent) lack of a federal question, there isn't any basis I'm aware of for a court to enjoin a legislative body from even considering an issue.I don't think anybody's saying the Nevada Legislature can't meet and hash out whatever it wants. What we're saying is that if they're meeting because of a blatantly unconstitutional COMMAND from the state Supreme Court to go into session and create and pass a specific bill, which the state Supreme Court has no right to order and which tramples on the state's own constitution and the most fundamental rights of its citizens, then any such "bill" passed by the legislature will be null and void, precisely because it will be in violation of the state's constitution and was created only due to illegal coercion.
To: Mr. Lucky
The posts above have adequately addressed this point. I add only this: the US Constitution is the "supreme Law" as it says in its text. And in the Supreme Court decision of
Six Unnamed Agents, it recognized that plaintiffs have a right of action based solely on a direct violation of their constitutional rights. They do not have to have a federal statute to base their action on, if they can show a direct constitutional violation.
The only problem with a federal court resolving the violation of the Nevada Constitution by its own Supreme Court, is this: Such a federal trial court decision will not only be correct, it will also be necessarily a criticism of the US Supreme Court decisions in recent cases, when it did the same thing as the Nevada court, namely trample on the plain language of the Constitution under which it sits.
I hope for a correct decision. But there will be hell to pay when that decision arrives on the doorstep of the US Supreme Court.
Congressman Billybob
Latest article, now up FR, "Fear and Loathing in the Supreme Court."
131 posted on
07/14/2003 8:42:33 PM PDT by
Congressman Billybob
("Saddam has left the building. Heck, the building has left the building.")
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