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To: Lurker

Sorry meant to say I know I DIDN’T miss the words “Original Jurisdiction”. They’re right there, plain as day. What kind of legal sophistry was used to keep this out of SCOTUS?


9 posted on 07/31/2010 11:51:43 AM PDT by Lurker (The avalanche has begun. The pebbles no longer have a vote.)
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To: Lurker; All

What I thought they should have done is summon a 3 Judge Court which is the trial Judge who drew the case, a Circuit Court of Appeals Judge and they pick a District Court Judge from the same state. Then the appeal goes straight to the US Supreme Court. I thought this was a must for challenges to a state statutory scheme.

Secondly, there is no mention (that I could see) in Judge Bolton’s ruling of the 9th and 10th amendments concerning State’s sovereignty.


19 posted on 07/31/2010 12:15:57 PM PDT by shalom aleichem
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To: Lurker
What kind of legal sophistry was used to keep this out of SCOTUS?

I don't think it is legal sophistry. I think you are taking a sentence in the Constitution out of context. If you read it closely, there is a key "and" in the sentence. Meaning that in the scenario that involves an Ambassador "AND" a state, then original jurisdiction applies. This is a boolean construction in which both have to be true for the original jurisdiction to apply. The clause goes on to point out that in all other "Cases before mentioned" (not involving both ambassadors AND a state), the Supreme Court acts as an appellate court, not original court.

In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction. In all the other Cases before mentioned, the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make.
24 posted on 07/31/2010 12:26:22 PM PDT by AaronInCarolina
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