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R-cult is just stupid

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redriver

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This stupid attempt by the idiots at r-cult to close the border again is just plain ridiculous. The US and Canada have the same BSE status. If anything Canada is cleaner as the US has the most recent case. If the appeals court doesn't throw this out immediately, it will make them look like fools.
 

ocm

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redriver said:
This stupid attempt by the idiots at r-cult to close the border again is just plain ridiculous. The US and Canada have the same BSE status. If anything Canada is cleaner as the US has the most recent case. If the appeals court doesn't throw this out immediately, it will make them look like fools.

You could really use a course in US civics. At the current level of appeal matters of law are the only thing in question, not the merits of the case. The Ninth Circuit improperly addressed some matters of the merits of the case. This presents two problems of LAW.

(1) The entire case on the merits has never been presented by R-CALF. (Only some of it was presented at a preliminary hearing)
(2) Matters of fact found by one court cannot be overturned by another court, only matters of law. 7th amendment to the Constitution of the US. The Ninth Circuit panel improperly ruled on matters of fact already ruled on by the District Court.
 

Bill

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ocm said:
redriver said:
This stupid attempt by the idiots at r-cult to close the border again is just plain ridiculous. The US and Canada have the same BSE status. If anything Canada is cleaner as the US has the most recent case. If the appeals court doesn't throw this out immediately, it will make them look like fools.

You could really use a course in US civics. At the current level of appeal matters of law are the only thing in question, not the merits of the case. The Ninth Circuit improperly addressed some matters of the merits of the case. This presents two problems of LAW.

(1) The entire case on the merits has never been presented by R-CALF. (Only some of it was presented at a preliminary hearing)
(2) Matters of fact found by one court cannot be overturned by another court, only matters of law. 7th amendment to the Constitution of the US. The Ninth Circuit panel improperly ruled on matters of fact already ruled on by the District Court.
:lol: :lol: :lol: Far be it from me to disuss "US civics" but you are correct
(1) The entire case on the merits has never been presented by R-CALF.

They have never presented the entire case in either court, the media or press releases. It is not in R-Laff's best interest to present the entire case. :wink:
 

ocm

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Bill said:
ocm said:
redriver said:
This stupid attempt by the idiots at r-cult to close the border again is just plain ridiculous. The US and Canada have the same BSE status. If anything Canada is cleaner as the US has the most recent case. If the appeals court doesn't throw this out immediately, it will make them look like fools.

You could really use a course in US civics. At the current level of appeal matters of law are the only thing in question, not the merits of the case. The Ninth Circuit improperly addressed some matters of the merits of the case. This presents two problems of LAW.

(1) The entire case on the merits has never been presented by R-CALF. (Only some of it was presented at a preliminary hearing)
(2) Matters of fact found by one court cannot be overturned by another court, only matters of law. 7th amendment to the Constitution of the US. The Ninth Circuit panel improperly ruled on matters of fact already ruled on by the District Court.
:lol: :lol: :lol: Far be it from me to disuss "US civics" but you are correct
(1) The entire case on the merits has never been presented by R-CALF.

They have never presented the entire case in either court, the media or press releases. It is not in R-Laff's best interest to present the entire case. :wink:

According to the US process of law (and I have to admit total ignorance of Canada's processes) the presentation of an entire case is not supposed to take place for a PRELIMINARY INJUNCTION. That is what happened on March 2 (I don't remember the exact date, but it was near there).

The full case was to be heard on July 27 ON THE MERITS OF THE ARGUMENTS by Judge Cebull.

Meanwhile an appeal went to the Ninth Circuit to overturn Judge Cebull's Preliminary injuction because (they said) he abused his discretion.

The Ninth Circuit instead heard from the USDA, NCBA, AMI, and others arguments on the MERITS OF THE CASE. The only things that are supposed to be considered in the Court of Appeals are things already addressed in the lower court, and at that only matters of law. (Like did the judge in the lower court failed to follow the law). They overstepped their authority.

The full case on the MERITS (originally scheduled for July 27) was postponed by Judge Cebull. The Appeals Court decision was so far reaching that it basically said that no judge (like Cebull) could EVER find anything wrong with anything the USDA (or any other US government agency) decrees is sound science. If the USDA declared the earth to be flat then Judge Cebull would be REQUIRED by this decision to give them deference.

R-CALF was lobbied by many organizations and individuals to appeal this case because it sets a dangerous precedent in that it declares that government agencies must be given 100% deference as to their "scientific" findings.

This also contradicts some other Ninth Circuit decisions where they declared that the government should be given 0% deference. Legal clarification is needed. If R-CALF wins this appeal, the case will still need to go back to Judge Cebull's court to be heard on the MERITS.

Hope this helps you understand--even if you don't agree.
 

ocm

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redriver said:
ocm, if what you say is true, then US "law" is truly a joke.

Usually its not the law that is the problem, it's the courts which "interpret" the law the way they please.
 
A

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Redriver,

Don't take these guys word for anything. They are masters of "illusion" and deception.


~SH~
 

ocm

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~SH~ said:
Redriver,

Don't take these guys word for anything. They are masters of "illusion" and deception.


~SH~

Oh, yeah. Check this out!

http://ranchers.net/forum/viewtopic.php?p=42225#42225
 

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