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To: Thilly Thailor

There is no jurisdiction issue. Its a direct and unequivocal constitutional challenge... period.


62 posted on 12/11/2020 12:37:15 PM PST by Bellagio
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To: Bellagio
Technically speaking, it's not a "jurisdiction" issue. It's one of "justiciability" which is the more general concept. The question is not whether SCOTUS has, for example, appellate jurisdiction or even subject matter jurisdiction in any particular case that is otherwise something that a court could judge. The question is rather whether the issue itself is the kind of issue that is ever properly before any court. Our law is that some issues are not "justiciable" for a number of reasons. In the present situation, it seems to me that the reason it's likely no "justiciable" is because it's the kind of question that is given over wholly to the States to decide and no court may therefore decide the issue.

I hope I'm wrong.

67 posted on 12/11/2020 12:45:34 PM PST by Thilly Thailor
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