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re: Obamacare Appeal --- Jonathan Gruber doing more work

Posted on 11/16/14 at 4:04 pm to
Posted by FalseProphet
Mecca
Member since Dec 2011
11708 posts
Posted on 11/16/14 at 4:04 pm to
AND NONE OF THAT HAS BEEN ESTABLISHED ANYWHERE.

That's shite that needs to take place at the district court, not at the appellate level. You are completely wrong on this point, and it amazes me that you think facts like this will or can be established by lawyers and judges at the SC. You have an incredibly misguided view of how appellate proceedings work.
This post was edited on 11/16/14 at 4:05 pm
Posted by MMauler
Member since Jun 2013
19216 posts
Posted on 11/16/14 at 4:08 pm to
quote:

That's shite that needs to take place at the district court, not at the appellate level.


First, not if the video wasn't available to the attorneys at that time.


Second, I've cited you an article which quotes the rule of evidence you brought up in the first place. When it comes to Judicial Notice, there is nothing in the rule of evidence that states any such thing. As the article points out, at the appellate level, they can take judicial notice of things not presented at the district court level --- THAT is the f*cking point. If it was presented at the D.C. level, they wouldn't need to take Judicial Notice.
This post was edited on 11/16/14 at 4:09 pm
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