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all that the administration has to do to stop any related suit is to tell the judge that the President OKed whatever action that is being litigated.  At that point the judge throws the suit out of court, and the judge cannot comment on the reasons.  It's quite hopeless in the specifics.  The only way that I can see for a suit to get to an appeal at all is indirectly: find a court that will take up a case that challenges the legislation per se on the basis of 1) separation of powers and 2) 4th amendment.  That's difficult to do, because the court will demand to know how the plaintiff has been injured, but it depends on the court.

Which brings us back to one of the first comments above - primary challenges by progressive candidates against the enabling Democrats.  This is, in fact, happening somewhat broadly.  Even dKos is talking about changing their rubric from 'more and better Dems' to 'better Dems' - or, as some put it, 'more better Dems'.

Glenn Greenwald, firedoglake, ActBlue, and others have started a coalition for exactly this purpose.  First off, they are going after John Barrow in Georgia - Regina Thomas is the challenger.  I'm helping to lead the charge here in Washington by promoting Cheryl Crist over Brian Baird.  Also in WA, if we can get Darcy Burner (a Seattle district) and George Fearing (central state) over their Repug opponents, we will have replaced 4 of the biggest assholes in the House of Reps.

paul spencer

by paul spencer (paulgspencer@gmail.com) on Sat Jun 21st, 2008 at 05:25:06 PM EST
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all that the administration has to do to stop any related suit is to tell the judge that the President OKed whatever action that is being litigated.  At that point the judge throws the suit out of court, and the judge cannot comment on the reasons.

Is there a point in the progress of a suit after which this is not possible? Some of those lawsuits are already in progress, aren't they?

When the capital development of a country becomes a by-product of the activities of a casino, the job is likely to be ill-done. — John M. Keynes

by Carrie (migeru at eurotrib dot com) on Sun Jun 22nd, 2008 at 03:08:01 AM EST
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'retroactive immunity'.  Lawsuits in-progress can be stopped.  

paul spencer
by paul spencer (paulgspencer@gmail.com) on Sun Jun 22nd, 2008 at 11:46:43 AM EST
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