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View Diary: Draconian Abortion Law in WI Enjoined! (13 comments)

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  •  IANAL, but... (1+ / 0-)
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    This is only a preliminary injunction. Even if this were to go to the point of a District Court decision striking down the law, it only applies to that particular case. It would represent a precedent for attorneys arguing a similar case, but not a binding one. If it went to the point of an appellate decision by the 7th Circuit, it constitutes a binding precedent only in the 7th Circuit, although it becomes a strong argument for attorneys arguing in other Circuits. A District Court in another Circuit could decide otherwise, but there would be good grounds for an immediate appeal. Another Circuit is free to make an appellate decision counter to it. If another Circuit issues a decision supporting it, and none have directly countered it, it becomes stronger case law, though still only binding in those two Circuits. It's stronger nationally if the SCOTUS refuses to hear an appeal of the decision. Only if it becomes an actual SCOTUS decision, though, does it become definitive case law and a binding precedent nationally.

    -7.25, -6.26

    We are men of action; lies do not become us.

    by ER Doc on Sat Dec 21, 2013 at 06:35:55 AM PST

    [ Parent ]

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