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MSG Thomas Currie
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Edited >1 y ago
The 5th Circuit correctly recognized their role as an APPELLATE Court -- they judged the case on its legal merits, looking only at the law and the process, not the individual. THAT is the role of the appellate courts. It is also the role of the Supreme Court which is our highest Appellate Court.

Most people do not understand the role of the Appellate Courts....

If the appellate court finds that the trial court made the wrong decision for all the right reasons following the correct process, the appellate court must let that wrong decision stand.

If the appellate court finds that the trial court made the right decision for the wrong reasons or by the wrong process, the appellate court must vacate that decision - generally returning the case to the trial court to hear the case again correctly.

Hopefully the swing votes at SCOTUS will avoid being swayed by their distaste for the individual and will limit their consideration to the law and the process.
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SFC Ralph E Kelley
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Edited >1 y ago
Aeff34e6
Jussaying Again
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