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chessmaster315

06/30/21 4:14 PM

#687288 RE: HappyAlways #686844

Great question.
My "lay" opinion (IM not a law professional) is that they can try, but odds are overwhelming the government will fail.

Scotus only hears 2.8 percent of caseses presented to them.
When Scotus declines to hear the case, the previous ruling becomes law. Remember, just because Scotus agrees to hear the case does not guarantee victory. So, odds are way less than 2.8% the government will succeed in overturning a shareholder favorable outcome by lower courts.

Therefore, the odds against appealing a shareholder favorable ruling to scotus are slim for the government.

However, there are hundreds of billions at stake, so they may "try" anyway, against the odds.

Even worse, Res Judicata prevents the government from "rehashing" what has already been decided.

res ju·di·ca·ta
/rez ?jo?odi'kät?,'ras/
nounLAW
a matter that has been adjudicated by a competent court and may not be pursued further by the same parties.