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

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  •  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

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

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

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

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