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Posted by: nostalgia 6 months, 4 weeks ago
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nostalgia6 months, 4 weeks ago
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They ignored 150 years of contract law and the Contract Clause in the Constitution:
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Article I, section 10, clause 1:
“ No State shall enter into any Treaty, Alliance, or Confederation; grant Letters of Marque and Reprisal; coin Money; emit Bills of Credit; make any Thing but gold and silver Coin a Tender in Payment of Debts; pass any Bill of Attainder, ex post facto Law, or Law impairing the Obligation of Contracts, or grant any Title of Nobility."
Operative section: Law impairing the Obligation of Contracts
This gives Ginsburg 24 hours to circulate the paperwork to the other justices and get a vote on whether to take the case
She must be concerned herself or she wouldn't have issued the temporary stay-
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pc256 months, 3 weeks ago
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Chrysler has said a delay could scuttle the deal.
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FTA
A federal appeals court in New York had earlier approved the sale, but gave opponents until 4 p.m. EDT Monday to try to get the Supreme Court to intervene.
Ginsburg issued her order just before 4 p.m., when Chrysler would have been free to complete the sale of most of its assets to Fiat.
She can ask the full court to decide whether to continue the stay or vacate it on her own, but if she was inclined towards the latter, she wouldn’t have issued the stay. And if Ginsburg has a problem with the government intervention here, just wait until Scalia and Thomas get a crack at it.
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