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2005: Justice Department Refuses to Defend Congress in Legal Battle Over Law

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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:00 PM
Original message
2005: Justice Department Refuses to Defend Congress in Legal Battle Over Law
WASHINGTON - The U.S. Department of Justice has notified Congress that it will not defend a law prohibiting the display of marijuana policy reform ads in public transit systems. The controversial statute was recently ruled unconstitutional by a federal district court.

http://www.aclu.org/drug-law-reform/justice-department-refuses-defend-congress-legal-battle-over-law-censoring-marijuana
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LonePirate Donating Member (898 posts) Send PM | Profile | Ignore Fri Oct-15-10 12:14 PM
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1. And some wonder why the LGBT community is upset with Obama for appealing the DADT ruling
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:35 PM
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2. This meme that every decision must be appealed is BS.
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LynneSin Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:37 PM
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3. Remember that was during the Bush administration - they didn't really follow any rules
trust me, if it was something he didn't like he would have went by the law.
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JonLP24 Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:39 PM
Response to Reply #3
5. Yes but he didn't break any rules in this case
The Justice Department is required to defend law when it is initially challenged. There is a good reason for that because a Republican administration could choose not to defend a FMLA case in court or something we like. However appealing is optional. There is no requirement to appeal everytime the feds lose a case.
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VMI Dem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:40 PM
Response to Reply #3
6. So you think Bush wouldn't like censoring ads on the failure of marijuana laws?
:rofl:
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BzaDem Donating Member (1000+ posts) Send PM | Profile | Ignore Fri Oct-15-10 12:38 PM
Response to Original message
4. That's because there was no plausible argumment that could be used to defend the statute under
current precedent.
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