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Old 11-20-2011, 3:58 PM
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hoffmang hoffmang is offline
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Originally Posted by Librarian View Post
But one item keeps getting elided - what prevents the 9th (or any other Circuit) from being obnoxious?

Suppose I tell my kid to mow the lawn. Ultimately, I actually want the lawn mowed, but some kind of sanction might be applied to the recalcitrant child.

What is the equivalent to 'you're grounded, I take your car keys, no TV for a week'? applied by SCOTUS to Circuit courts? Moral suasion?

Getting the right result is important. Getting the right result the first time, because I tell you so, stop screwing around -- what is the thing which is executed in the implied 'or else'?
SCOTUS will take personal jurisdiction and start issuing orders if things continue to be ignored. Most individuals take that seriously and if they don't a Marshall knocks on their door.

In this case, the state of California will implement the SCOTUS decision because they wanted this person in jail in the first place.

Gene Hoffman
Chairman, The Calguns Foundation

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