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To: philman_36
Did these people actually contend in Court that the issue is "trivial"?!

I don't think so. I think you're missing the larger context of this decision (which, it should be noted, Van Irion's side lost). As I read it--and I'm not a lawyer--Irion's side first filed the challenge as a state issue. The defendants had the case moved to federal court. This was an attempt by the plaintiffs--Irion's side--to have it moved back to state court. The attempt was denied.

The judge says there are three reasons a state case might get moved to federal court: "(1) the plaintiff’s cause of action is created by federal law; (2) the well-pleaded state-law claim has as a necessary element a substantial, disputed question of federal law; or (3) the claim pleaded is in fact one of federal law." He then goes through these criteria to show this case meets them. Basically, he concludes that of course it has a question of federal law as a necessary element, because the definition of natural-born citizen is a matter of federal law; and of course it's a disputed issue, because a lot of people are disputing it.

The conclusion is just that therefore the case stays in federal court. Reading any more into it is wishful thinking.

62 posted on 04/27/2012 10:45:45 AM PDT by Ha Ha Thats Very Logical
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To: Ha Ha Thats Very Logical
Did these people actually contend in Court that the issue is "trivial"?!
I don't think so.

Well then go find something that proves me wrong, don't just say I'm wrong. The Judge didn't just pull the word "trivial" out of thin air, did he?

If I'm wrong I'll admit I was wrong in my assumption.

I think you're missing the larger context of this decision...
To use your own words...I don't think so. See reply 28.
So the long and short of it is that the case stays at the Federal level.

Oh, wait...you're replying to #39 which is 11 replies after #28.
Why bother posting to me?

94 posted on 04/27/2012 6:45:41 PM PDT by philman_36 (Pride breakfasted with plenty, dined with poverty, and supped with infamy. Benjamin Franklin)
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