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Originally Posted by host
You made your point......you don't have to rub it in
2 questions, counsellor.......
Can you cite another SCOTUS ruling that was exempted by its authors from
being cited in a future brief as a precedent? Isn't that a tad unusual? I based
my argument on an expectation that all SCOTUS rulings either affirm the
interpretation of the portion of the constitution in question in the matter
before the court, or reinterpret the constitution in a way that will effect
future rulings of similar matters that may come before the court. In other
words, don't all SCOTUS rulings that are unique or unsual influence what was precedent before that ruling? I thought that was the reason that the SCOTUS
attempts to set new precedents by carefully reviewing the matters that it
will hear before a new term when the court will be in session, refusing to hear
matters that contain issues already well defined in the exisiting precedents of
the law?
and.......
Do you ever sleep?????  |
Sure I sleep. In court. That's why I have hired hands, to wake me up when my cases are called and to kick me if I start to snore or drool on myself. I put forth my best arguments minutes after I awaken, fuzzy teeth and all, possibly as a result of living with the same woman for 10+ years.
As for SCOTUS saying "in just this one case", I can't recall another such case off the top of my head (of course, "in just this one case" situations would make the holding pretty useless, so there's no pressing need to remember them since they can't be cited), and I'm not going to blow the money on a proper search. I can tell you, however, that it's not terribly uncommon in the lower courts, both at the trial and appellate level.
As for refusing to hear black letter law cases, they do indeed review them all the time. In fact, the truly notable cases generally are ALL reviews of black letter law cases. Take Brown v. Topeka BOE. Going into that one, it's doubtful that anybody expected the outcome that happened. When the holding was released, the earth shook in a metaphorical sense.
Anyway, I'm outa here. Time to hop in the shower, I've got a "cattle call" at 0900.