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To: Cboldt

That’s understandable.


352 posted on 02/02/2016 8:35:03 PM PST by butterdezillion
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To: butterdezillion
On the subject of "jurisdiction stripping," the courts will look behind the Act of Congress, and may or may not abide by it. see Thomas v. Lynch - 5th Circuit - August 7, 2015 - 14-60297, Part II, for application in a citizenship case.

The same principle of peeking behind the statute and finding jurisdiction under the constitution applies if the issue is abortion and homo-marriage, which SCOTUS has sua sponte declared to be 14th amendment issues. IIRC, similar "jurisdiction stripping" arguments were advanced by Bush in the enemy combatant and terrorist-court cases (e.g., Hamdi). The courts took and decided the cases anyway.

362 posted on 02/02/2016 9:07:41 PM PST by Cboldt
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