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Reply #48: There shouldn't be any federal issues [View All]

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Ms. Toad Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-10-08 08:44 AM
Response to Reply #47
48. There shouldn't be any federal issues
But the plaintiffs have the right to argue whatever they want. I have not seen the arguments - only the court order. Depending on what they argued, and on what is in the opinion that the court has not yet released, the plaintiffs may have the right to ask the Supreme Court to hear an appeal.

Daily Kos mentioned US constitutional issues. I don't know where they got that idea from. If it was from the complaint (which I have not seen) and and the Alaskan Supreme Court didn't expressly decide the matter on state constitutional grounds then the plaintiffs may have a right to appeal to the US supreme court (which may or may not choose to hear it).

It isn't a matter of whether the US Supreme court cares - courts don't have the power to jump out and grab cases. It's a matter of whether the plaintiffs set it up so that if they got a bad break at the state level they could potentially ask the US Supreme Court to jump in - and of whether the Alaska Court told the US Supreme Court to butt out because it was purely a state matter. I can't tell either, since I haven't seen the first set of documents - and the court hasn't released the opinion yet - but the comment by Daily Kos (which appears to have seen at least the complaint) leaves the door open.
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