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To: longshadow

#####It should be noted that it was the fundie-dominated Dover School Board, and their out-of-town "legal advisors" at the Thomas More Law Center, who were spoiling to gen up a test case on ID to get into Federal Court, NOT the pro-evos side.#####

Only to get the federalization precedents overturned. Once an issue is taken away from states and localities by the federal courts, it takes a subsequent court case to return the issue to the locals again. For example, the only way to get rid of Roe vs. Wade is for states to challenge the ruling and get a new abortion case into the federal court system. South Dakota is currently doing that. But it would be absurd to argue that South Dakota, by asserting the right of states to make their own abortion laws in federal court, is seeking to use federal power or seeking to have abortion law transferred to the court system. Quite the opposite. The same is true for Dover.


476 posted on 04/19/2006 8:42:05 PM PDT by puroresu (Conservatism is an observation; Liberalism is an ideology)
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To: puroresu
Only to get the federalization precedents overturned.

IIRC, Evans vs. Aguillard never made it beyond district court. It was just that the findings of fact were so devastating that Louisiana decided to cut its losses and declined to appeal.

479 posted on 04/19/2006 8:50:56 PM PDT by Right Wing Professor
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