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How can you keep doing something declared illegal until your appeal

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
Again calling on Constitutional scholars here. If I judge says what you are doing is illegal and unconstitutional. How can you get away with continuing to do it until your appeals have been exhausted? I would think you would have to stop until the decision was reversed. I mean that's like me saying 'judge, I know you said stealing was against the law, but I going to keep stealing until my appeals are finished.' Does the administration get charges with crimes for any wiretaps done after the judges ruling if it is not overturned?

Someone explain.
 

DealMonkey

Lifer
Nov 25, 2001
13,137
1
0
Well, the recent RIM Blackberry patent infringement case springs to mind. They battled the patent holder for years while continuing to infringe on the patent. It's the way our legal system works. And so the defendent gets to appeal all the way up to the SCOTUS -- if they'll take the case. That would be the point where the buck stops.
 

Bird222

Diamond Member
Jun 7, 2004
3,651
132
106
Originally posted by: BaliBabyDoc
Read the main thread about Taylor's decision . . .
Ok, I see that there is a stay on the execution of the decision. That makes sense then.

Thanks!

 

Witling

Golden Member
Jul 30, 2003
1,448
0
0
Staying a decision is not at all uncommon. It depends in part on the magnitude of the stakes involved and the likelyhood of one party prevailing. Factors in favor of staying a decision are: (1) A novel or unsettled point of law; (2) Severe consequences if the defendant is enjoined from continuing its actions (think Blackberry here); (3) The extent to which the plaintiff can be made whole by money damages, and (4) the nature and extent of the harm the defendant is supposedly doing. Although I think the wiretapping should be stopped, but really, what irreparable harm is anyone suffering?
 

db

Lifer
Dec 6, 1999
10,256
271
126
No matter what, they will just go under deeper cover and continue doing it. But at least the question of legality will be settled....
 

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