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 Posted: Sat 13:48, 27 Jul 2013 Post subject: the since-departed Arnold Schwarzenegger |
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| is consistent with a centuries-old judicial concept: never decide what you don't really have to decide, especially when you have a plausible excuse for not deciding it. Here, the 9th Circuit blamed the not-completely-unexpected detour on the lack of "controlling state precedent" on the question of what to do with an appeal where, as here, both the sitting governor (the since-departed Arnold Schwarzenegger) and the sitting attorney general (the since made-governor Jerry Brown) refused to carry it out.By diverting the case away from the federal courts and toward the state supreme court,prada outlet online, by asking for clarification of state law by and from the state's highest court, the 9th Circuit has almost certainly delayed a substantive ruling on the merits of the case for at least a year and likely longer. The standing issue will likely have to be briefed all over again before the state high court, and a new oral argument date will likely have to be set,gucci outlet online, and then a new vigil |
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