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To: alancarp
More about the "non-injunction injunction", quoting the opinion (case law citations snipped):

"The last issue to be resolved is the plaintiffs’ request for injunctive reliefenjoining implementation of the Act, which can be disposed of very quickly. Injunctive relief is an “extraordinary” ..., and “drastic” remedy.... It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption; that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.

"... There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary."

212 posted on 01/31/2011 1:11:40 PM PST by alancarp
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To: alancarp
I can hear the Democrats yucking it up over this part:
for there is a long-standing presumption; that officials of the Executive Branch will adhere to the law as declared by the court.

222 posted on 01/31/2011 1:15:46 PM PST by KC Burke
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To: alancarp

BUMP.


236 posted on 01/31/2011 1:19:52 PM PST by onyx (If you truly support Sarah Palin and want to be on her busy ping list, let me know!)
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To: alancarp

Wow.


248 posted on 01/31/2011 1:24:59 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: alancarp

Wow.


249 posted on 01/31/2011 1:25:19 PM PST by BuckeyeTexan (There are those that break and bend. I'm the other kind.)
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To: alancarp

YES!
*pumps fist*


252 posted on 01/31/2011 1:26:51 PM PST by Danae (Anailnathrach ortha bhais is beatha do cheal deanaimha)
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