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Old 09-26-2007, 07:40 PM
Legislurker Legislurker is offline
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Join Date: May 2007
Posts: 728
Default Re: No, this is not Party\'s party and the Silver lining re Regs. argum

[ QUOTE ]
JP - I think IMEGA demonstrated at least some standing, certainly with respect to their First amendment claims. I think they have a shot, having identified affiliates as part of the group, at standing to challenge the UIGEA on WTO and Commerce Clause grounds, but that analysis is far more complex.

Legislurker - No, the judge cant order the Regs to happen (thank god) - but that part of the suit could be re-filed once they do appear (if ever).

Skallagrim

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So if the gov't so chooses, they can never publish the regs?
They can deny standing by just being asswipes? At some point who holds them accountable for promulgating the law by publishing the regs? It would seem to me the judge should be able to say they can't just hold legal limbo and actually issue the TRO until the regs are out, and THEN examine standing to force the gov't to be forthright.
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