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landmark Inner circle within a triangle 5194 Posts |
While busy deciding between red and blue bikes, you might have missed this important recent 7-2 Supreme Court decision--and its incredible implications.
https://www.youtube.com/watch?v=s51Ltt3s_tQ Begin at 2:13
Click here to get Gerald Deutsch's Perverse Magic: The First Sixteen Years
All proceeds to Open Heart Magic charity. |
MobilityBundle Regular user Las Vegas/Boston 120 Posts |
Video Title: "Supreme Court Gives Corporations Right to Poison"
Issue as seen by the Court: "It is undoubted that the discovery rule in §9658 preÂ-empts state statutes of limitations that are in conflict with its terms. The question presented in this case is whether §9658 also pre-empts state statutes of repose." (Read the full opinion Here.) This case is about a technicality: the difference between a statute of limitations, and a statute of repose. Any coverage or summary of this case that attempts to whip up the viewer into an anti-Supreme-Court frenzy is disingenuous and manipulative. Don't get me wrong, I get that important outcomes often turn on small technicalities. But the Supreme Court is mandated to do its thing -- interpret existing law -- irrespective of what the outcome is. If you don't like the outcome, be angry at Congress for making the law in the first place, not the Supreme Court. |
landmark Inner circle within a triangle 5194 Posts |
MB you may well be right that this is merely upholding BS from Congress. But clearly, the result is not in the general interest; and any attempt to dismiss it as a mere technicality--not saying you're doing that--is manipulative as well. It's certainly worth having attention called to its implications in a week of controversial decisions. And the larger picture is that the Supreme Court is often able to frame decisions in such a way that obvious harm is avoided while upholding the rest of a law, and it's right to ask why they let it stand as it is.
Click here to get Gerald Deutsch's Perverse Magic: The First Sixteen Years
All proceeds to Open Heart Magic charity. |
mastermindreader 1949 - 2017 Seattle, WA 12586 Posts |
It all goes to the actual question that was before the Court, which was the statute of repose issue and had nothing to do with the facts of the case. (Which is reflected in the fact that it's not a party line decision, but 7-2)
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