User Panel
Posted: 3/31/2020 10:56:01 AM EDT
https://www.scribd.com/document/454168834/ECF-No-17-Mem-Op-and-Order-Denying-MTD -this link may not work
The federal government here raised the talisman of police power 31 times in its motion to dismiss and an additional 19 times in its reply. This seemed unusual to the Court because the Court had thought the police power is a power reserved for the states, not for the federal government. Fearful the Court was wrong, it turned to the first place one should always turn to with such questions: the Constitution. Article I, section 8 enumerates the powers the People gave to the federal government at our Nation’s founding: the tax power, the borrowing power, the commerce power, the naturalization power, the bankruptcy power, the power to coin money, the postal power, the maritime power, and the war power. None of these powers is the police power. read this opinion. it is fantastic. another link: https://www.dropbox.com/s/2h7s9vw8z7ohwkq/ECF%20No.%2017%20-%20Mem.%20Op.%20and%20Order%20Denying%20MTD.pdf?dl=0 FYI: This is not one of my cases. |
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This seems very positive! Thank you again for all that you do.
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Far reaching opinion on federal law in general.
I am sure the feds will follow up with a commerce clause argument. |
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Quoted: https://www.scribd.com/document/454168834/ECF-No-17-Mem-Op-and-Order-Denying-MTD The federal government here raised the talisman of police power 31 times in its motion to dismiss and an additional 19 times in its reply. This seemed unusual to the Court because the Court had thought the police power is a power reserved for the states, not for the federal government. Fearful the Court was wrong, it turned to the first place one should always turn to with such questions: the Constitution. Article I, section 8 enumerates the powers the People gave to the federal government at our Nation’s founding: the tax power, the borrowing power, the commerce power, the naturalization power, the bankruptcy power, the power to coin money, the postal power, the maritime power, and the war power. None of these powers is the police power. read this opinion. it is fantastic. View Quote Dude, they yanked your document. |
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if you have it, send it to drudge and post on facebook to get it out there
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the scribd link is weird. it shows up fine for me and is still in my account. shadowbanned.
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Yup...removed.
If it's a real court opinion, it will be published as part of an official record somewhere. Should be easy to find. ETA: found the new link. I'm not sure if the Jugde is citing Wikipedia to poke someone in the eye or he actually thinks it a good resource for interpreting law. I really hope its the former. |
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Tagged so I can read it later.
What type of judge is he and how did it get before him? |
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Apparently we're not supposed to read that
Thanks for new link. |
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Quoted: None of these powers is the police power. View Quote Court to plain English: "Eat a bag of dicks. You're overstepping your abilities." |
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Whiskey Rebellion was probably the most noteworthy early federal police action. Under what authority did the founders justify their actions? That's where scotus will probably look.
That said, it's an interesting argument, seems it could be applied to all federal enforcement agencies, especially considering the language of the 10th Amend. SCOTUS sort of created their own authority back in the day so my hopes aren't high. |
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Interesting case, will be interested to see what the government's response is.
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Quoted: this is not my case, just FYI. View Quote Ok, still ready for the next round. :-) Attached File |
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Thanks for the new link, NOLO! Gonna share and spread this one...
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Quoted: Whiskey Rebellion was probably the most noteworthy early federal police action. Under what authority did the founders justify their actions? That's where scotus will probably look. That said, it's an interesting argument, seems it could be applied to all federal enforcement agencies, especially considering the language of the 10th Amend. SCOTUS sort of created their own authority back in the day so my hopes aren't high. View Quote Power to tax, and putting down an open insurrection. |
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I do love to see the Judicial Branch reminding the Executive and Legislative branches where their powers end. Even better when that reminder is delivered with both sarcasm and ridicule.
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Quoted: I wonder if Trump is pissed off at him right now? View Quote View All Quotes View All Quotes Quoted: Quoted: He's in the same court in dallas, which is in the 5th Circuit, but he is in the district court (lower court) And yes... I thought the same I wonder if Trump is pissed off at him right now? Judge shouldn't much care what the president thinks one way or the other IMO. |
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Maybe, just maybe the gubbament is putting their B or C team on these 2A cases instead of their very best.
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