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To: Spiff
This judge's judicial activist argument lacks any merit. He should be disbarred, tarred, and feathered.

This decision was entirely predictable and will probably be affirmed on appeal, at least at the Court of Appeals level. The U.S. Supreme Court struck down prior PBA bans as unconstitutional by a 5-4 vote, about two years ago. Lower courts are required to follow Supreme Court precedent. The U.S. Supreme Court might reverse this decision, but only if one of the 5 judges who voted in the majority last time decides that this law is significantly different from the prior one.

33 posted on 11/05/2003 12:53:17 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian; Spiff
The U.S. Supreme Court struck down prior PBA bans as unconstitutional by a 5-4 vote, about two years ago.

here is a link to the Supreme Court's decision striking down a prior PBA ban.

54 posted on 11/05/2003 1:22:05 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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