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Supreme Court sets Gavin case aside


Charlize

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Not really surprised by this. I think Grimm might even have a greater chance of success in the lower court.  But once the new Supreme Court Justice is seated, his chances may decline once again.  We shall see.  Grimm may be a college graduate by the time this is settled.

Carolyn Marie

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Hhmmm....I read a news story on earthlink.net (link/address below) this a.m. which may provide a bit of clarification on the SCOTUS rationalization/decision to send the case back to the lower appeals court.  Story essentially says that the lower court just signed-off on the previous administration's interpretation of Title IX (i.e, did not do their own analysis of whether it applies....).  Per the earthlink.net story SCOTUS hardly ever hears cases where there's at least one such appeals-court analysis to review.

http://my.earthlink.net/article/us?guid=20170306/f7ab3017-226b-416f-bb9a-74b0972f6602

[Sounds to me like the lower appeals merely rendered a political decision deferential to the previous administration's perspective/agenda.  I anticipate that this & other/related cases will return to SCOTUS following lengthy, "independent analysis" by one or more federal appeals courts.]

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My dream at the minute for this one is that the District Court finds itself climbing over the hundreds of boxes of ACB's and rules in his favor just to be able to haul the stuff away and out of their sight.  They now have advice on the legal and social implications of the rest of the U.S. and they can stick out like a rotten old post in a pasture or they can come out shining.  One court as already  ignored the Title IX and gone directly to A14 which is the more impactful law.  More fodder for the Constitutional Convention advocates.

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*shrug*, doesn't mean much.....  Basically saying to the lower court look at what the law is, rather than base decision rather than a specific administration's suddenly new claim of what the law means.

Any decision that comes out will be all that more solid which is a good thing.

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