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To: circlecity
No, this was a 5th Circuit ruling not a USSC ruling. The USSC merely refused to overturn the 5th Circuit ruling.

Which is de facto ruling by SCOTUS.

19 posted on 10/21/2015 12:33:57 PM PDT by rjsimmon (The Tree of Liberty Thirsts)
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To: rjsimmon
"Which is de facto ruling by SCOTUS."

Nope. Case law is clear that refusing to hear a case is in no way a ruling on the merits nor can it be cited as such in any legal brief.

28 posted on 10/21/2015 12:40:17 PM PDT by circlecity
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To: rjsimmon

Basically it is correct. Allowing the circuit court ruling to stand means they do not have a problem with it.


76 posted on 10/21/2015 2:27:02 PM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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