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Sunday, April 28, 2024 4:52:56 PM
I did not know Alito said that in the ruling (that courts can "enter" when conservator exceeds)
BEST I recall - all judges at circuit said ouch - too hot to touch when cases came to them
the first panel of the circuit said too hot to touch !! 4617 chases us away
but then then the EN BANC --- at the circuit level ---- said --- YUP if the Conservator GOES TO FAR that creates the green light for trial - fact district courts to enter
So that idea - that courts are not 100% "injunctioned" was an EN BANC circuit court (appeals court) decision --- that then is repeated by SCOTUS as an appeals court too
(no real re examination of fact pattern)
But --- until the EN BANC so declared partial freedom every judge in every case - granted motion to dismiss based on 4617 as I recall - not just Lamberth
Is that right or wrong ?
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