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-====Uniqueness - the Court avoids issue creation by requiring litigants to strictly adhere to the unique facts of cases |
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-Baird and Jacobi, 09 - *Associate Professor of Political Science at UC-Boulder AND **Professor of Law at Northwestern (Vanessa and Tonja, “HOW THE DISSENT BECOMES THE MAJORITY: USING FEDERALISM TO TRANSFORM COALITIONS IN THE U.S. SUPREME COURT,” 59 Duke L.J. 183, November, lexis) ==== |
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-But why do Justices need to signal for cases in the future? If the |
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-Justices to persuade their previously unsympathetic colleagues to join them in their opinion. |
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-====The plan decides the case in advance of the arguments presented from the facts of a specific controversy – this crushes the rule of law |
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-Colbert, 06 – professor of law at the University of Maryland (Douglas, “Coming Soon to a Court Near You - Convicting the Unrepresented at the Bail Stage: An Autopsy of a State High Court's Sua Sponte* Rejection of Indigent Defendants' Right to Counsel,” 36 Seton Hall L. Rev. 653, lexis) ==== |
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-Even then, an activist court's readiness to decide a question not briefed or fully |
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-be followed if sufficiently persuasive but which are not controlling.'" n249 |
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-====This destroys the sua sponte doctrine and uniquely wrecks court legitimacy |
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-Epstein, 98 - professor of political science and professor of law at Washington University (Lee, The Choices Justicies Make, p. 160-161) ==== |
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-This story suggests that a particular version of the sua sponte doctrine, namely the |
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-Court erodes its credibility and trespasses on the soul of the adversarial system. |
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-====Loss of legitimacy prevents court from checking military, ensuring nuclear war. |
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-Kellman 89, prof of law @ DePaul, 1989 (Barry Kellman, prof of law @ DePaul, Dec 1989, “JUDICIAL ABDICATION OF MILITARY TORT ACCOUNTABILITY: BUT WHO IS TO GUARD THE GUARDS THEMSELVES?” 1989 Duke L.J. 1597) ==== |
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-In this era of thermonuclear weapons, America must uphold its historical commitment to be |
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-recognizable in a millennium ushered in under the mushroom cloud of thermonuclear holocaust. |