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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsSerious question for DU lawyers
Didn't the Supreme Court say that Bush v Gore was not precedent?
I heard one of the Michigan idiots citing it today.
multigraincracker
(32,641 posts)recall that it was put in the discussion at the time.
asiliveandbreathe
(8,203 posts)the whole court proceedings from this morning.."Kraken" that is..from 3 different thread readings..and indeed, Bush v Gore was cited..wondering the same thing..my research thus far..re" precedent..
here is just 1 of the threadreaders'' UPDATED>>sorry..
https://threadreaderapp.com/thread/1414563804218806282.html
Thread reader access in this DU post.. for Mike Dunford and Adam Klasfeld..Klasfeld was epic funny and most clarifying..as the trial was ongoing..
https://democraticunderground.com/100215615602
https://www.quora.com/By-declaring-that-Bush-v-Gore-cant-be-used-as-precedent-did-the-SCOTUS-majority-effectively-admit-it-was-a-purely-partisan-decision
and then the "limited language" take from Yale..
https://www.yalelawjournal.org/pdf/524_4vxf43ib.pdf
I think I will become a lawyer..oh wait..too old..just sit back and enjoy the show...happy reading
malaise
(268,719 posts)FBaggins
(26,721 posts)Some look at the first clause and interpret it as "we're not setting precedent for any other cases". Others read the second clause and say that the sentence means "it depends on the circumstances".
I read it as "there isn't enough time to write a thorough analysis... but we know what the results should be"
Different panels of judges on the same circuit court of appeals have read it in opposite directions years apart.
unblock
(52,126 posts)it's effectively impossible to declare, within the decision itself, a decision to be a non-precedent. really, all this does, at best, is establish a precedent for making one-off decisions by declaring them to be non-precedents.
moreover, any time the supreme court makes a decision, the default assumption for lower courts and really, all americans, is to assume any subsequent supreme court would likely find similarly in similar situations. what's lacking is a clear-cut rule for when the decision applies, so there's more guesswork involved in determining if some new case is similar enough to the original "non-precedent"-producing case.
frankly, scalia's assertion that the case was not to be taken as establishing a precedent was really just his confession that the 5-4 vote came first for political reasons, not legal ones, and that he then wrote a garbage opinion as a fig leaf to thinly disguise the fact that 5 republican justices imposed their personal political preference over the will of the people simply because they could get away with it.
*that* is why he didn't want it to be taken as precedent.
ianal
One offs to help ReTHUGs
LetMyPeopleVote
(144,945 posts)These idiots are going to be sanctioned