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Sunday, March 05, 2017 4:30:35 PM
If I read your comment and understand it - the three judges who have found against us have been following a Scalia Roberts type approach of staying within the four corners of the page and on purpose not trying to over rule the law as written
the one Judge we like - went outside the four corners of the page and said there is no way that congress had expected this type of action when it barred us judges - so we must act
as noted before - if this is how ninth circuit judges think - we would be far far better off in the ninth circuit
Conservative judges are just too conservative for the bold aggressive action we want from judges
If the judge - REP of DEM - male of female - views their abilities as constricted by the words in HERA - we lose and lose every time
Not arguing which of the two approaches is right.
Just saying over and over that there is a judicial bar in the law and we need aggressive (often called liberal) judges to climb up on over that exact wording --- and see that the conservatorship has been anything but a proper conservatorship - thus giving the judges to ACT and adjudicate despite the written word to the opposite
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