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To: Conscience of a Conservative
Making such a statement would not simply violate the judge's ethical duties, but would also, quite likely, violate one or both of the parties' Constitutional rights - many of the "procedural" rules that govern litigation are rooted in due process, and if any judge were to say that he would not dismiss an action based on procedural issues, that judge is effectively saying that the Defendant's due process rights are unenforceable

Didn't SC judge Ginsburg recently say something about abortion (Roe vs. Wade) that contradicts your statement???

441 posted on 07/14/2009 11:55:26 AM PDT by danamco
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To: danamco
Ginsburg's comments may have been highly improper, BUT there is a difference between commenting on general issues that may at some point come before a judge, and commenting on issues in a case that is presently before a judge. The former is unseemly and often improper, while the latter is clearly judicial misconduct.

I think that what is more likely here is that the judge said something to the effect of "there will be nothing dismissed on procedural grounds today," and Orly Taitz interpreted that as "there will be nothing dismissed on procedural grounds in this case."

464 posted on 07/14/2009 12:35:05 PM PDT by Conscience of a Conservative
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