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I am not a lawyer, and have only watched these things from the sidelines, but my understanding is this: As this was a circuit court decision, its precedent is
by kd5bjo 9y ago
I am not a lawyer, and have only watched these things from the sidelines, but my understanding is this:
As this was a circuit court decision, its precedent is only binding within that region of the country. The best chance of this being overturned within the court system is for a judge in a different circuit to create conflicting precedent there, which will make it more likely for the Supreme Court to take the case and unify the rulings.
Alternatively, Congress can amend the law which will force the courts to base their decisions on the new text.
- quickben 9y agoThat actually sheds a lot of light in the process. Thank you for the explanation.