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Old 02-28-2018, 2:40 PM
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kcbrown kcbrown is offline
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Originally Posted by TruOil View Post
Personally, I think this is a beneficial development, just in consideration of the makeup of the two panels. Then again, Nichols' case is distinguishable to a certain degree, which may lay the ground for a different conclusion under California law than Hawai'i law.
The right denied using one justification versus the right denied using a different one?
The Constitution is not "the Supreme Law of the Land, except in the face of contradicting law which has not yet been overturned by the courts". It is THE SUPREME LAW OF THE LAND, PERIOD. You break your oath to uphold the Constitution if you don't refuse to enforce unadjudicated laws you believe are Unconstitutional.

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