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To: FredZarguna

Okay, so what is the Federal Court’s jurisdiction on either process or merit when the state court system has yet to finish ruling on either one?


36 posted on 12/07/2016 1:23:28 PM PST by vigilence (Vigilence)
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To: vigilence
The US District Court ruling was on process; it was not on the merits.

The US District Court asserted jurisdiction as a practical matter: IF the MI courts upheld a recount, Goldsmith claimed a due process violation would occur if the recount could not be completed on time. Therefore, he ordered the recount to begin early, pending the MI courts' decision.

The US Circuit Court upheld Goldsmith's action on appeal, writing that he did not exceed his authority in ordering what was a prophylactic measure.

Even though the US Circuit Court made the ruling on a very narrow basis, a dissenting judge on the US Circuit Court found Goldsmith's actions improper, saying that restraining orders are not orders for actions to proceed, but they are causes for actions to be (oddly) ... restrained. So there is at least one sensible judge in the 6th US Circuit.

46 posted on 12/07/2016 1:40:33 PM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward Fifth Avenue to be born?)
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