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  • Dicta

    From micky@21:1/5 to All on Tue Mar 5 16:08:34 2024
    Since trump was running for president, are the comments from the 5 ussc
    judges that the states can't keep off the ballot candidates for house
    and senate, and that it takes a law to keep from hoding office OHHER
    than president, like AG, considered to be dicta, and not binding. Not
    even precedent, just dicta.

    --
    I think you can tell, but just to be sure:
    I am not a lawyer.

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  • From Stuart O. Bronstein@21:1/5 to micky on Tue Mar 5 17:05:26 2024
    micky <[email protected]> wrote:

    Since trump was running for president, are the comments from the 5 ussc judges that the states can't keep off the ballot candidates for house
    and senate, and that it takes a law to keep from hoding office OHHER
    than president, like AG, considered to be dicta, and not binding. Not
    even precedent, just dicta.

    Yes, technically it's dicta. But it's unlikely that anyone will try
    something that violates it any time soon.


    --
    Stu
    http://DownToEarthLawyer.com

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  • From Roy@21:1/5 to Stuart O. Bronstein on Tue Mar 5 17:21:09 2024
    On 3/5/2024 5:05 PM, Stuart O. Bronstein wrote:
    micky <[email protected]> wrote:

    Since trump was running for president, are the comments from the 5 ussc
    judges that the states can't keep off the ballot candidates for house
    and senate, and that it takes a law to keep from hoding office OHHER
    than president, like AG, considered to be dicta, and not binding. Not
    even precedent, just dicta.

    Yes, technically it's dicta. But it's unlikely that anyone will try something that violates it any time soon.



    There seems to be precedent


    E.g., 17 Annals of Cong. 870–902, 904–20, 927–47, 949–50, 1059–61, 1231–33, 1234–38 (1807) (House seated William McCreery despite him not satisfying Maryland law requiring Representatives to reside in their
    district).

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