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To: Frantzie
"Dr. Edwin Viera said the same thing."

I'll have to look again, but I'm fairly confident Dr. Viera isn't on the Supreme Court.

But, do you know who is on the Supreme Court? Six of the eight justices that, in the 1995 case of Ryder v United States, joined Chief Justice Rehnquist when he authored the opinion for the unanimous court. And, in that unanimous opinion Rehnquist wrote...

"The de facto officer doctrine confers validity upon acts performed by a person acting under the color of official title even though it is later discovered that the legality of that person's appointment or election to office is deficient. Norton v. Shelby County, 118 U.S. 425, 440 (1886). "The de facto doctrine springs from the fear of the chaos that would result from multiple and repetitious suits challenging every action taken by every official whose claim to office could be open to question, and seeks to protect the public by insuring the orderly functioning of the government despite technical defects in title to office." 63A Am. Jur. 2d, Public Officers and Employees § 578, pp. 1080-1081 (1984) (footnote omitted). The doctrine has been relied upon by this Court in several cases involving challenges by criminal defendants to the authority of a judge who participated in some part of the proceedings leading to their conviction and sentence."

So, you're suggesting that six sitting Supreme Court Justices are going to overturn themselves? Good luck with that.

262 posted on 10/07/2009 1:33:10 PM PDT by OldDeckHand (No Socialized Medicine, No Way, No How, No Time)
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To: OldDeckHand

With the cowardice the judiciary has displayed on this issue, I really wouldn’t doubt that six would overturn themselves in order to avoid a hard decision.


265 posted on 10/07/2009 1:34:26 PM PDT by MrB (Go Galt now, save Bowman for later)
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To: OldDeckHand

How’s the weather in DC this morning? Do they pay you by the hour at DOJ or by the post?


281 posted on 10/07/2009 1:41:36 PM PDT by stockpirate ("I came NOT to bring peace but a sword." - Jesus Christ)
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To: OldDeckHand

Nice try. Obama if found to be ineligible was never POTUS. Totally different issue. Better luck next time.


331 posted on 10/07/2009 2:19:27 PM PDT by Frantzie (Do we want ACORN running America's health care?)
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To: OldDeckHand

All lot of upwind legs in the race before that height is gained.


455 posted on 10/07/2009 4:09:17 PM PDT by bvw
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