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View Diary: Detroit bankruptcy on hold, Snyder admin. smacked down by judge for "cheating good people who work" (267 comments)

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  •  grand. laws can be challenged. (0+ / 0-)

    Righteousness is a wide path. Self-righteousness is a bullhorn and a blindfold.

    by Murphoney on Fri Jul 19, 2013 at 02:35:44 PM PDT

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    •  True (0+ / 0-)

      But you can't challenge a law, win and then seek out punishments to people prior to your challenge.

      That is, by definition, an Ex Post Facto law specifically prohibited by Art III Sec 9 of the US Constitution and, for good measure, by Art I Sec 10 of the Michigan State Constitution.

      Красота спасет мир --F. Dostoevsky

      by Wisper on Fri Jul 19, 2013 at 02:57:52 PM PDT

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      •  I don't see an ex post facto relationship. With (0+ / 0-)

        regard to any proven class-action discrimination complaint, all applicable plaintiffs will have been subjected to continuous and on-going discrimination -- there's nothing separating the initiation of the discriminatory act from the effects it continues to have with each moment.

        There's nothing to stop a ruling in favor of the plaintiffs from stopping the on-going discriminatory action.

        Likewise, if there were any claim of proven harm to be made in the class action, there is nothing to separate the initiation of the action that causes the harm from its continuous and on-going effects.

        There is no "past" when it comes to an on-going action -- all effects can be seen as concurrent.

        Redress can be assessed from the initiation of the action that caused the harm.

        Righteousness is a wide path. Self-righteousness is a bullhorn and a blindfold.

        by Murphoney on Fri Jul 19, 2013 at 03:17:42 PM PDT

        [ Parent ]

      •  sorry - small clarification, I was addressing the (0+ / 0-)

        state of affairs in California, where publication of the information was on-line and suggested to have been done on purpose, with 'political' intent.

        as opposed to Michigan, where the action was supposedly accidental -- but if intent were to be uncovered, I'd suggest that a similar rationale could potentially override any 'ex post facto' defense.

        Righteousness is a wide path. Self-righteousness is a bullhorn and a blindfold.

        by Murphoney on Fri Jul 19, 2013 at 03:21:59 PM PDT

        [ Parent ]

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