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Political Threads This section is for Political Threads - Enter at your own risk. If you say you don't want to see what someone posts - don't read it :hihi: |
07-12-2019, 03:36 AM
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#1
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Canceled
Join Date: Jun 2003
Location: vt
Posts: 13,453
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Quote:
Originally Posted by detbuch
See Justice Thomas dissent.
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The minority opinion loses
Posted from my iPhone/Mobile device
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Frasier: Niles, I’ve just had the most marvelous idea for a website! People will post their opinions, cheeky bon mots, and insights, and others will reply in kind!
Niles: You have met “people”, haven’t you?
Lets Go Darwin
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07-12-2019, 09:02 AM
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#2
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Registered User
Join Date: Feb 2009
Posts: 7,725
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Quote:
Originally Posted by Pete F.
The minority opinion loses
Posted from my iPhone/Mobile device
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The dissent makes valid points. They are put on the record. And they can be used in future arguments, as they have been.
Ross gave an explanation. It was not an unconstitutional reason. It was a valid reason. Roberts admitted as much. But he claimed that it seemed to conflict with previous things Ross had said or did. Why should it have to comport with what he said or implied previously?
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07-12-2019, 09:19 AM
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#3
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Canceled
Join Date: Jun 2003
Location: vt
Posts: 13,453
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Quote:
Originally Posted by detbuch
Why should it have to comport with what he said or implied previously?
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Because if you don't follow the rule of law, you lose.
Like when you misrepresent the facts to the Court, or present alternative facts. Or use Giuliani’s truth isn’t truth argument. Or your "client" admits that your premise was false.
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Frasier: Niles, I’ve just had the most marvelous idea for a website! People will post their opinions, cheeky bon mots, and insights, and others will reply in kind!
Niles: You have met “people”, haven’t you?
Lets Go Darwin
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07-12-2019, 10:18 AM
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#4
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Registered User
Join Date: Feb 2009
Posts: 7,725
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Quote:
Originally Posted by Pete F.
Because if you don't follow the rule of law, you lose.
Like when you misrepresent the facts to the Court, or present alternative facts. Or use Giuliani’s truth isn’t truth argument. Or your "client" admits that your premise was false.
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He stated a legitimate reason for including a valid, constitutional, question. Whether he had not stated this reason previously or not, or whether the DOJ request was later and more important may all "seem" inconsistent is not relevant. What was relevant is the validity and constitutionality of his reason. Roberts did not say the reason was not valid or unconstitutional. Quite the contrary.
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07-12-2019, 04:30 PM
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#5
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Registered User
Join Date: Nov 2003
Location: RI
Posts: 21,499
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Quote:
Originally Posted by detbuch
Roberts did not say the reason was not valid or unconstitutional. Quite the contrary.
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"The evidence tells a story that does not match the explanation (Commerce Secretary Wilbur Ross) gave for his decision," Roberts wrote. "The sole stated reason seems to have been contrived."
If the evidence tells a story that does not match the explanation then the reason is invalid. Full stop.
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07-12-2019, 09:30 PM
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#6
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Registered User
Join Date: Feb 2009
Posts: 7,725
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Quote:
Originally Posted by spence
"The evidence tells a story that does not match the explanation (Commerce Secretary Wilbur Ross) gave for his decision," Roberts wrote. "The sole stated reason seems to have been contrived."
If the evidence tells a story that does not match the explanation then the reason is invalid. Full stop.
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"Seems" is not valid substantive legal evidence. I suppose that is why it was remanded to the lower court for further investigation.
Although from some of your past posts, for you, "seems" seems to be synonymous with "conclusive" or with "fact."
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