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big-yank

10/12/16 1:37 PM

#356110 RE: rekcusdo #356080

No. The Perry Appeal is on a motion to dismiss. All it can accomplish is to send the discussion back the lower court for reconsideration and possible reinstatement of the case, which still would have to be heard before any change to HERA could take place. Very low probability that any such action would be a repeal order without a constitutional challenge being filed.

JMHO.

big-yank

10/13/16 10:04 AM

#356183 RE: rekcusdo #356080

"The Perry appellate decision could invalidate HERA if won" as a statement is a far cry from saying a remand would contain reasons for the remand. Of course any appeal ruling other than to affirm the Lamberth dismissal ruling would have a rationale for remand. That is judicial SOP.

My statement was, and remains that no action undertaken in the Perry Appeal will EVER invalidate HERA. That statement is 100% certain because no complaint within the corpus of the appellants case cites HERA as invalid, only actions by government as being inconsistent with the provisions of the statute.

If you wish to argue the point further, please offer one example where any legal statute that was not claimed as unconstitutional in any appeal led to the Appeals court ruling the law, though unchallenged in the appeal, was invalidated (clearly means overturned). Or, alternatively, please cite one claim in the Perry Appeal that states that HERA as a law is unconstitutional and should be repealed.

JMHO.