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To: Cboldt
I don't think there's much doubt that Congress wished to have the case tried new in Federal Court. That's why they passed the legislation.

But the plaintiffs didn't ask for that. They wanted to rehash their appellate claims that had been turned down repeatedly in state court.

The courts rule on what is before them, or at least they should.

42 posted on 05/09/2005 5:26:22 PM PDT by Dog Gone
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To: Dog Gone
I don't think there's much doubt that Congress wished to have the case tried new in Federal Court. That's why they passed the legislation.

But the plaintiffs didn't ask for that

I think it took them until the second time around, but they got around to asking for it. And IIRC, even on the first go-round, there was a dissenting opinon (that the case was not being handled per the people's intent, as expressed in legislation) at the Circuit Court.

The general points I was making with my previous post were that Farah's article had no analysis, and your assertion that the Republican judges FOLLOWED the law is subject to well-reasoned disagreement. See judge's dissenting opinion.

46 posted on 05/09/2005 5:37:29 PM PDT by Cboldt
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