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	<title>
	Comments on: Backfire in Bloomberg lawsuit	</title>
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	<description>Chronicling the high cost of our legal system</description>
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		<title>
		By: bob neal		</title>
		<link>https://www.overlawyered.com/2007/10/backfire-in-bloomberg-lawsuit/comment-page-1/#comment-14713</link>

		<dc:creator><![CDATA[bob neal]]></dc:creator>
		<pubDate>Sat, 06 Oct 2007 21:53:31 +0000</pubDate>
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					<description><![CDATA[Amazing the judiciary has come to this.  How dare Congress change the law before activists judges have the opportunity to do it first?  Geesh.
]]></description>
			<content:encoded><![CDATA[<p>Amazing the judiciary has come to this.  How dare Congress change the law before activists judges have the opportunity to do it first?  Geesh.</p>
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		<title>
		By: JonC		</title>
		<link>https://www.overlawyered.com/2007/10/backfire-in-bloomberg-lawsuit/comment-page-1/#comment-14712</link>

		<dc:creator><![CDATA[JonC]]></dc:creator>
		<pubDate>Sat, 06 Oct 2007 20:50:10 +0000</pubDate>
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					<description><![CDATA[I was struck by this question from one of the Indiana Court of Appeals judges, quoted in the third paragraph of the story on the Gary lawsuit: &quot;How can they [Congress] be changing the law when it hasn&#039;t been decided yet by the courts?&quot;

Perhaps the quote made more sense in context.  But if the judge meant what it sounds like she meant, one can only hope that the attorney for the gun manufacturers was able to educate her that it has been well-settled U.S. law for over 200 years that Congress has broad discretion to change the rule of decision affecting cases on appeal. &quot;[I]f subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed . . . .&quot; U.S. v. Schooner Peggy, 5 U.S. 103, 110 (1801).
]]></description>
			<content:encoded><![CDATA[<p>I was struck by this question from one of the Indiana Court of Appeals judges, quoted in the third paragraph of the story on the Gary lawsuit: &#8220;How can they [Congress] be changing the law when it hasn&#8217;t been decided yet by the courts?&#8221;</p>
<p>Perhaps the quote made more sense in context.  But if the judge meant what it sounds like she meant, one can only hope that the attorney for the gun manufacturers was able to educate her that it has been well-settled U.S. law for over 200 years that Congress has broad discretion to change the rule of decision affecting cases on appeal. &#8220;[I]f subsequent to the judgment and before the decision of the appellate court, a law intervenes and positively changes the rule which governs, the law must be obeyed . . . .&#8221; U.S. v. Schooner Peggy, 5 U.S. 103, 110 (1801).</p>
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