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View Diary: Judge Walker Destroys Bigoted Arguments, Sets Up Equality For All (303 comments)

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  •  Yes and No (0+ / 0-)

    Just because a lower court makes a finding of fact doesn't mean SCOTUS can't dispute it.  They may look at the record of the trial and decide that the finding of fact was in error. While the appellate process places theoretical restrictions on SCOTUS, in practice those don't matter much in a case like this.  I think the most that can be said is that the 9th circuit is less likely to overturn it and that the details of the ruling and findings of fact may make it easier for Kennedy to do the right thing.

    Want a progressive global warming novel, not a right wing rant? Go to www.edwardgtalbot.com for a free audio thriller.

    by eparrot on Thu Aug 05, 2010 at 11:27:13 AM PDT

    [ Parent ]

    •  Right (0+ / 0-)

      While the 9th Circuit has only very limited jurisdiction to review findings of fact, the SCOTUS can re-open issues of fact because Article III, Section 2 says "... the supreme Court shall have appellate Jurisdiction, both as to Law and Fact, with such Exceptions, and under such Regulations as the Congress shall make."

      Dale v. BSA was an example of a case where the SCOTUS re-opened several issues of fact sua sponte.

      If Nixon was cocaine for the resentful psyche, Palin is meth—Andrew Sullivan

      by ebohlman on Thu Aug 05, 2010 at 03:49:09 PM PDT

      [ Parent ]

      •  thank-you! (1+ / 0-)
        Recommended by:
        ebohlman

        I am not familiar with what regulations Congress has made limiting SCOTUS power under this article - I would guess very little.

        Want a progressive global warming novel, not a right wing rant? Go to www.edwardgtalbot.com for a free audio thriller.

        by eparrot on Thu Aug 05, 2010 at 06:40:34 PM PDT

        [ Parent ]

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