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Old 03-23-2005, 07:44 PM   #1184
Tyrone Slothrop
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Join Date: May 2004
Posts: 33,084
Activists! Activists! Get them off of the Judiciary! Activists!

Quote:
Originally posted by Mmmm, Burger (C.J.)
I think that's what the supremacy clause is for.
Suppose that I sue club because he's using a charcoal grill and making my patio all smoky. I sue under the California common law of nuisance, but I lose. Aggreived, and unwilling to give up, I go to Senator Boxer, who pulls some strings and gets Congress to pass a law saying that the judgment in my particular suit -- and that suit only -- is null and void, and that I can get a de novo trial in federal court.

I don't think the Supremacy Clause was meant to permit this sort of retroactive thing, and it seems like something in the Constitution should bar it. But I don't know wha.
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