Fischer v. Cruz (E.D.N.Y.)

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Whatever4
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Re: Fischer v. Cruz (E.D.N.Y.)

#51

Post by Whatever4 » Tue Apr 12, 2016 3:12 pm

What if Congress managed to pass something defining eligibility to exclude Cruz? (I know that won't happen, humor me. I've been sick.) Not a resolution, a bill. Would that be appealable?


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Sterngard Friegen
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Re: Fischer v. Cruz (E.D.N.Y.)

#52

Post by Sterngard Friegen » Tue Apr 12, 2016 3:21 pm

Whatever4 wrote:What if Congress managed to pass something defining eligibility to exclude Cruz? (I know that won't happen, humor me. I've been sick.) Not a resolution, a bill. Would that be appealable?
You mean - could Cruz challenge it in court? Yes, if some Secretary of State or other official -- or the Republican Party -- decided to use it to keep him off a ballot. Note that it would be Cruz who would have standing. (And anyone else similarly situated which could be John McCain, but he's through running.)



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Re: Fischer v. Cruz (E.D.N.Y.)

#53

Post by jamese777 » Tue Apr 12, 2016 3:28 pm

Whatever4 wrote:What if Congress managed to pass something defining eligibility to exclude Cruz? (I know that won't happen, humor me. I've been sick.) Not a resolution, a bill. Would that be appealable?
The constitutionality of a bill passed by Congress and signed into law by a president, or if a presidential veto is overridden can be challenged in court. The first step with challenged legislation is usually an injunction to stop the bill from taking effect.
See Obamacare! See the Line Item Veto (ultimately ruled unconstitutional).



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