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To: Fester Chugabrew; PatrickHenry
The Dover decision was an error of judgment and will eventually be overturned, at least if we ever get jurists who know what the Constitution means.

The decision was correct, and in accordance with the law.

And, in addition, the time to appeal the Kitzmiller v. Dover decision expired yesterday, by my estimation. Since no appeal was taken, the decision by Judge Jones is now final and unappealable. (PH: I thought you'd find it noteworthy.)

361 posted on 01/20/2006 2:39:47 PM PST by WildHorseCrash
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To: WildHorseCrash

This particular case mat not be overtuned, but cases like it will. The free excercise of religion extends to the secular realm. There is no constitional prerogative to make legal rulings against the teaching that organized matter may be best explained in theory by a higher intelligence. The only reason you think the Dover ruling is "proper" is because it agrees with your opinion. It does not agree with the Constitution.


362 posted on 01/20/2006 2:49:01 PM PST by Fester Chugabrew
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To: WildHorseCrash
... the time to appeal the Kitzmiller v. Dover decision expired yesterday, by my estimation. Since no appeal was taken, the decision by Judge Jones is now final and unappealable.

The decision is dated December 20. That's when the judge signed the order. Technically, however, the appeal time expires 30 days after the date the decision is entered, which is a technical term, and the date of entry may be a day or so after the decision's printed date. It depends on when it's officially filed and docketed in the court clerk's office. Paper-shuffling stuff. (It can save a panicked lawyer who fears he's too late with his notice of appeal if he discovers that, due to sluggish action in the clerk's office, he's actually within 30 days of the decision's entry.) So it may be theoretically possible for a notice of appeal to be filed tomorrow or the next day, and still be timely. But the school board has already decided not to appeal, so it doesn't really matter.

372 posted on 01/20/2006 4:28:17 PM PST by PatrickHenry (Virtual Ignore for trolls, lunatics, dotards, scolds, & incurable ignoramuses.)
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To: WildHorseCrash; PatrickHenry

Check again next week -- sometimes it takes a couple days for things to be posted in Federal court.

If the judgment was entered on the 20th of December, you don't count the 20th - the 30 day starts on the 21st.


397 posted on 01/22/2006 3:06:13 PM PST by CobaltBlue (Extremism in the defense of liberty is no vice. Moderation in the pursuit of justice is no virtue.)
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