dcraelin
VIP Member
- Sep 4, 2013
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your link for the 2nd circuit is the same link for the 4th......so one of these links, at least, is a lie..........regardless they did not have the right to avoid that precedent
A mistake in copying a link incorrectly is not a lie. Here is the corrected link -->>
http://www.ca2.uscourts.gov/decisio...6-98fa59ffb645/1/doc/12-2335_complete_opn.pdf
They didn't "avoid" the precedent. Avoiding the precedent would have been not mentioning it. But they did mention it.
Precedent's are not inviolate such when the conditions under which the precedent are not the same or when the SCOTUS indicates that the previous conditions no longer apply. Which of course exactly what happened with Roamer v. Evans, Lawrence overturned Bowers and when they issued the Windsor decision, all showing that homosexual have due process and equal protection rights.
If the SCOTUS had thought that Baker was still applicable, then they would have slapped down the first appeal that reached them concerning SSCM. But they didn't. In the end the District and Circuit Court Judges got the correct read from the SCOTUS as they specifically overturned Baker as part of Obergefell.
>>>>
saying that the SCOTUS would have done the right thing in slapping down the appeal.........when of course their mind was already made up ...........is kind of a circular argument. ...............
but as your 3rd link shows.............the other courts, when they did mention it......................got it wrong.