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To: Frantzie

I thought that the Anderson amicus was connected with the Berg case which was shunted back to a lower court, not denied outright. Am I right or wrong?


108 posted on 01/22/2009 11:07:20 AM PST by little jeremiah (Leave illusion, come to the truth. Leave the darkness, come to the light.)
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To: little jeremiah
I thought that the Anderson amicus was connected with the Berg case which was shunted back to a lower court, not denied outright. Am I right or wrong?

Berg sued in federal district court. That court dismissed his case for lack of standing. He then filed an appeal to the Court of Appeals for the 3d Circuit. Before that court ruled (or even got briefs), Berg asked the U.S. Supreme Court to take the case up from the 3d Circuit, and also asked them to stop the inauguration. The Supreme Court denied both those requests. The result is that the case is still pending in the 3d Circuit, although it is not quite accurate to say that the Supreme Court sent it back to that court; the Supreme Court denied the only requests that were made to it. (The Supreme Court did grant Anderson's request to file an amicus brief in the Berg Supreme Court case, but now that the case is no longer in the Supreme Court that brief is of no effect. Anderson will have to ask the 3d Circuit for permission to file a brief in that court if he wants to.)

113 posted on 01/22/2009 11:43:09 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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