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What has James Scarantino argued before the US Supreme Court?
James Scarantino is an ACLU attorney and solo practioner in Albuquerque, New Mexico.There is no evidence he's argued any cases before the US Supreme Court, although he was the Plaintiff's attorney on two cases that were probably cert worthy, and filed an amicus brief on a third case (Schutz v. Thorne, cert denied).Scarantino's two most publicized cases were American Civil Liberties Union v. Santillanes, a voter ID case that was settled in the US Court of Appeals pursuant to the US Supreme Court's decision in Crawford v. Marion County Board of Elections, 553 US ___ (2008); and United States Outfitters v. Arizona, a challenge of Arizona's fish and game cap for out-of-state hunters and fisherman, which was denied cert by the US Supreme Court.
Can you get a replacement birth cert from your council?
dIFFERENT AREAS HAVE DIFFERENT REQUIREMENTS FOR GETTING DUPLICATE COPIES OF A bIRTH RECORD/CERTIFICATE.cONTACT THE DEPARTMENT OF vITAL STATISTICS IN THE CITY/COUNTY OF BIRTH.THEY CAN DIRECT YOU AS TO WHAT IS NEEDED IN THE WAY OF PROOF AND ANY FEESYOU WILL HAVE TO PAY.
What other courts are there in the united states that must follow the decisions if the supreme court?
All US Courts, both federal and state, are required to uphold decisions (called binding precedents) of the US Supreme Court under the doctrine of judicial precedent or stare decisis (Latin: let the decision stand) if a question of law has already been settled (res judicata). US Supreme Court decisions are supposed to carry the rule of law, but lower courts sometimes interpret or decide cases in ways that contradict established precedent.Each case is unique, so each court that hears a particular matter may have a different interpretation as to which precedents are controlling and why. If the case is appealed to the US Supreme Court, and the Court grants cert (agrees to review the case under its appellate jurisdiction) and the Supreme Court agrees with the lower court ruling, a new precedent may be set. Otherwise, the Supreme Court may reverse the decision to bring it into compliance with established precedent.The reasoning behind the doctrine of stare decisis is ensuring a fair and consistent application of law to protect Constitutional rights.
What does the Supreme Court do to a law once it is passed?
Nothing, unless a party with standing to challenge the law files suit against the United States in US District Court, the losing party appeals the case to the appropriate US Court of Appeals Circuit Court (usually), and the subsequent losing party files a petition for a writ of certiorari (request to review the case) with the US Supreme Court. If they grant cert (accept the case), the Supreme Court will evaluate whether the law conforms to the US Constitution either in general, or as applied. If the Court determines the law is unconstitutional, it will be nullified and rendered unenforceable. It is important to note that the US Supreme Court does not systematically review every law Congress passes. Someone who is severely and directly, negatively affected by the law, and has a grievance that can be resolved by a court, must file suit and exhaust the required appeals process before the Supreme Court can review the case (and the law).
Is US income tax invalid because Ohio wasnt legally a state when the 16th amendment was ratified?
No, when a state becomes a part of the United States, they accepted the laws that applied.The question is normally more along the lines of the amendment itself wasn't properly ratified. That is addressed here. See the link for much more on all of these tax protestor and frivolous arguments.And just consider....how long does anyone think it would take if there was a technical problem with the right to collect taxes, for a law to be passed to correct it....under 5 minutes I'd bet. No big deal...whatever is wrong...say it isn't wrong anymore. bet you'd even get bipartisan support! This argument is based on the premise that all federal income tax laws are unconstitutional because the Sixteenth Amendment was not officially ratified, or because the State of Ohio was not properly a state at the time of ratification. This argument has survived over time because proponents mistakenly believe that the courts have refused to address this issue. The Law: The Sixteenth Amendment provides that Congress shall have the power to lay and collect taxes on income, from whatever source derived, without apportionment among the several states, and without regard to any census or enumeration. U.S. Const. amend. XVI. The Sixteenth Amendment was ratified by forty states, including Ohio (which became a state in 1803; see Bowman v. United States, 920 F. Supp. 623 n.1 (E.D. Pa. 1995) (discussing the 1953 joint Congressional resolution that confirmed Ohio's status as a state retroactive to 1803), and issued by proclamation in 1913. Shortly thereafter, two other states also ratified the Amendment. Under Article V of the Constitution, only three-fourths of the states are needed to ratify an Amendment. There were enough states ratifying the Sixteenth Amendment even without Ohio to complete the number needed for ratification. Furthermore, the U.S. Supreme Court upheld the constitutionality of the income tax laws enacted subsequent to ratification of the Sixteenth Amendment in Brushaber v. Union Pacific R.R., 240 U.S. 1 (1916). Since that time, the courts have consistently upheld the constitutionality of the federal income tax. In November 2004, the Justice Department filed a civil injunction complaint against William Benson, asking the court to bar Mr. Benson from selling a fraudulent tax scheme and from unlawfully interfering with the Internal Revenue Service. Mr. Benson's tax scheme relies on the frivolous position that the Sixteenth Amendment was never ratified. See http://www.usdoj.gov/tax/txdv04752.htm; see also 2004 TNT 223-20 (Nov. 16, 2004). The IRS issued Revenue Ruling 2005-19, 2005-1 C.B. 819, which discusses this frivolous argument in more detail, warning taxpayers of the consequences of attempting to pursue a claim on these grounds. Relevant Case Law: Miller v. United States, 868 F.2d 236, 241 (7th Cir. 1989) (per curiam) - the court stated, "We find it hard to understand why the long and unbroken line of cases upholding the constitutionality of the sixteenth amendment generally, Brushaber v. Union Pacific Railroad Company . . . and those specifically rejecting the argument advanced in The Law That Never Was, have not persuaded Miller and his compatriots to seek a more effective forum for airing their attack on the federal income tax structure." The court imposed sanctions on them for having advanced a "patently frivolous" position. United States v. Stahl, 792 F.2d 1438, 1441 (9th Cir. 1986), cert. denied, 479 U.S. 1036 (1987) - stating that "the Secretary of State's certification under authority of Congress that the sixteenth amendment has been ratified by the requisite number of states and has become part of the Constitution is conclusive upon the courts," the court upheld Stahl's conviction for failure to file returns and for making a false statement. United States v. Foster, 789 F.2d 457 (7th Cir.), cert. denied, 479 U.S. 883 (1986) - the court affirmed Foster's conviction for tax evasion, failing to file a return, and filing a false W-4 statement, rejecting his claim that the Sixteenth Amendment was never properly ratified. Socia v. Commissioner, 23 F.3d 941 (5th Cir. 1994) - the court held that defendant's appeals which challenged Sixteenth Amendment income tax legislation were frivolous and warranted sanctions. Knoblauch v. Commissioner, 749 F.2d 200, 201 (5th Cir. 1984), cert. denied, 474 U.S. 830 (1986) - the court rejected the contention that the Sixteenth Amendment was not constitutionally adopted as "totally without merit" and imposed monetary sanctions against Knoblauch based on the frivolousness of his appeal. "Every court that has considered this argument has rejected it," the court observed. Stearman v. Commissioner, T.C. Memo. 2005-39, 89 T.C.M. (CCH) 823 (2005), aff'd, 436 F.3d 533 (5th Cir. 2006). - the court imposed sanctions totaling $25,000 against the taxpayer for advancing arguments characteristic of tax-protester rhetoric that have been universally rejected by the courts, including arguments regarding the Sixteenth Amendment. In affirming the Tax Court's holding, the Fifth Circuit granted the government's request for further sanctions of $6,000 against the taxpayer for maintaining frivolous arguments on appeal, and the Fifth Circuit imposed an additional $6,000 sanctions on its own, for total additional sanctions of $12,000.
Can you have a waiver of subrogation on work comp in ny?
Waivers of subrogation are fairly common across the united states based on my knowledge, but often they require a contract that requests them if they are to be applied to the cert holder.
What purpose does an SSL cert have on a website?
An SSL certificate serves the purpose on a website for security. An SSL certificate is used for the primary protection of the user while they are online.
Why do some catering operations store rubbish in a purpose-built refrigerated room?
Lol cert III hospitality?
Why do some catering operations store rubbish in a purpose built refrigerated room?
Lol cert III hospitality?
What is the abbreviation for certiorari?
Cert. (as in Cert. denied)
What does cert stand for?
Cert stands for certificate.
When was FLO-Cert created?
FLO-Cert was created in 2003.
When was Dead Cert created?
Dead Cert was created in 1962.
What actors and actresses appeared in Anynka a cert - 1984?
The cast of Anynka a cert - 1984 includes: Vlastimil Harapes as Cert
How do you say cert in shona or Zulu?
How do you say cert in shone or zulu
When was CERT Group of Companies created?
CERT Group of Companies was created in 1996.
When was Jim Cert born?
Jim Cert was born on February 25, 1956.
