easyt65
Diamond Member
- Aug 4, 2015
- 90,307
- 61,149
- Thread starter
- #541
This case is relevant because Sullivan deviates from the law, completely ignoring the DC law already mentioned. Much like the 9th circuit court going fishing, Sullivan is doing the same thing, by doing something he said he would not allow 24 times before.One week ago, the U.S. Supreme Court issued a 9-0 decision, authored by Justice Ginsburg, that took judges to task for similar amicus antics. Her opinion for the Court in U.S. v. Sineneng-Smith upbraided the U.S. Court of Appeals for the Ninth Circuit for violating a basic aspect of legal proceedings called the “party presentation principle.”
In a nutshell, this concept dictates that judges must decide the case as presented by the parties before them. They are not to go out questing for dragons to slay (or issues to tackle) that the parties have not brought before them. As J. Ginsburg put it: “[C]ourts are essentially passive instruments of government … They ‘do not, or should not, sally forth each day looking for wrongs to right. [They] wait for cases to come to [them], and when [cases arise, courts] normally decide only questions presented by the parties.”
Nice, try, but that case isn't germane to the Sullivan case.
If you read from the entire decision, and not just one dowdified portion.
The U.S. Court of Appeals for the 9th Circuit panel’s drastic departure from the principle of party presentation constituted an abuse of discretion when the court reached out to decide a question never raised by the respondent, namely, whether 8 U. S. C. § 1324(a)(1)(A)(iv) is unconstitutionally overbroad.
Nothing Sullivan is asking as an amicus hasn't been raised by the DOJ prior to wanting to drop the case.
There was a reason Sullivan would not allow it - it was not his persona preference - it is because of the DC LAW / PRECEDENCE Sullivan is ignoring NOW.
The Constitution Requires Judge Emmet Sullivan’s Lawless Amicus Order Against Michael Flynn Be Overturned
Do you know WHY legal experts are calling Sullivan's actions 'Unheard Of', 'un-precedented', 'un-believable', etc...? BECAUSE SULLIVAN IS VIOLAITNG THE LAW, GOING AGAINST LEGAL MANDATE / ESTABLISHED PRECEDNECE "The U.S. Constitution makes clear that the judiciary has no business...
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