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Alias Born | 12/28/2008 |
Thursday, June 30, 2016 11:08:11 AM
appointed 2012
that means a BO appointee
(never mind we need - absolutely need - a judge who will not take the plain text of HERA as the absolute and obvious all encompassing intent of Congress)
(note - best I understand - Federal judges must take intent into consideration. It is critical and fundamental. HOWEVER - A HUGE HOWEVER - the Judge is also supposed to look at the wording of the law and firs and foremost lean to the construct that the plain language IS the INTENT and to not try and read the mind of Congress. However as the Judge must include intent - they do have the latitude to look at a situation - the wording of the law - and say THIS situation was clearly not anticipated and not covered in the plain language of the law ............e.g. stealing our company - not acting at all like a conservator - breach of contract ..... but it will take a judge who is willing to say the plain language of the law does not "reach" this unusual situation" .............. so explained to me by key litigators)
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