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Court Rejets the Right to Use Drugs Being Tested

 
 
Miller
 
Reply Wed 8 Aug, 2007 05:25 pm
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Type: Discussion • Score: 1 • Views: 926 • Replies: 3
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roger
 
  1  
Reply Wed 8 Aug, 2007 07:01 pm
Well, my understanding is that even a U.S. District Court's decisions only hold in their own district.
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fishin
 
  1  
Reply Wed 8 Aug, 2007 07:26 pm
roger wrote:
Well, my understanding is that even a U.S. District Court's decisions only hold in their own district.


While I agree that that is generally true I don't know that it means anything in this case.

In the last few decades the laws have been written so that when you sue a Federal Government Agency over things like rule changes you have to do it in the DC Court. If that court upholds the Agency decision, their decision is upheld at the national level - not district.
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Madisonian Dilemma
 
  1  
Reply Thu 9 Aug, 2007 10:42 am
Had the courts properly interpreted the 9th amendment in conjunction with a proper understanding of Congress' power under the commerce clause, then this most likely would not be a federal question at all but a matter of state law only.
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