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To: Dog Gone
You can make the same points while reaching a different audience.

Agreed, but when creating something meant to compel a Senate staff lawyer to prepare serious questions, the follow-up article would not carry the weight without such support. I'll follow up on this one with just such a story in a week or two.

I am curious about what you think about that story regarding the headnote in Santa Clara v. Southern Pacific.

BTW, you are free to redub me Free Republic's Quixotic Bastard for All Seasons at your earliest whim. ;-)

64 posted on 08/21/2005 5:08:18 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie
The reliance on a headnote as legal precedence is an abomination. It's worse than dicta, or relying on a footnote in an opinion as somehow being the ruling of the court.

It's just not the way the law works, or at least is supposed to work.

Opinions from the Court are supposed to mean something. That something is pretty narrowly defined.

The Court itself could set the matter straight, but it won't. It has no press secretary as far as I know (leaving aside the question of whether that would be a good idea).

65 posted on 08/21/2005 5:27:29 PM PDT by Dog Gone
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To: Congressman Billybob; Modernman
FYI
66 posted on 08/21/2005 5:43:02 PM PDT by Carry_Okie (There are people in power who are truly evil.)
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To: Carry_Okie
BTW, you are free to redub me Free Republic's Quixotic Bastard for All Seasons..

Funny sobriquet. I've been one of those at times, though not on FR. Now I know what to call it. It's a tough job, isn't it? But then somebody has to do it. Without dreaming the impossible, nightmares become possible. Good luck.

80 posted on 08/22/2005 8:53:56 AM PDT by elbucko
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