Chapter 278
Don't look at him, he has won several difficult lawsuits, but he knows his catties very well.
The business ability is good, but after all, I am a student, and I definitely can't compare with all kinds of judicial old fritters.
In particular, the latter's various tricks in court are difficult to guard, such as the previous judge Frankl almost drove him to a corner.
Second, the judiciary is subordinate to politics, and the separation of powers is the cornerstone of the system that the United States is proud of, but as a half-insider, Edward can intuitively see the erosion and interference of the executive power and legislative power on the judicial power.
In fact, until the case of Madison v. Marbury, the Supreme Court was dispensable, thanks to the fact that the then Chief Justice Marshall was proficient in the judiciary and familiar with politics, and skillfully established the authority of the judicial power in one fell swoop through infighting between the executive powers.
After that, under the encouragement and guidance of this predecessor who was "proficient in swords and pens and proficient in the way of officials", the justices used the law as a shield countless times to increase their status in the three powers.
But......
The president, who holds the executive power, and the congressional grandfathers, who hold the legislative power, have too many resources at their disposal.
Both have the power to make huge financial appropriations, Congress is responsible for judging the budget, and the president can have special budget power, and money alone is not enough, and both also control violence, Congress has the power to declare war and transfer troops, and the president treats the Marines as a royal guard, and at a critical moment, the state of affairs bill can be passed to turn the state National Guard into a national army under executive power.
Compared with the executive and legislative, the justices who hold this judicial power have almost no advantages other than relatively high personal prestige, well, by the way, "proficient in the pen and sword, and proficient in the way of officials" is barely one of the advantages......
But behind Song Jiang, there is an underworld like Chao Gai as a hidden power, what are the nine old immortals? No fart......
In this imbalance of power, it is only natural that the judicial power will be eroded, or influenced by the other two powers.
It's not that the justices have to kneel and lick when they see Lord Strom Thurmond, that's not all.
However, on the one hand, the judgment is based on the Constitution and past precedents, but more importantly, the justices are free to testify and form precedents through skilled judicial skills and judicial language.
Even if they don't deliberately pull the bias, but in this situation where the status of the offensive and defensive sides is completely unequal, they still maintain enough neutrality, which is enough to show their inner bias......
Maybe Rustberg's prestige can offset some of the disadvantages, after all, it is the flower of Yale, and the strong network resources behind her are also something that the justices have to consider.
However, judging from the file, the prosecution lawyer, Mr. Friedel, the South Carolina Attorney General, is an excellent graduate of Harvard Law School.
Yale Harvard, Shaolin Wudang in the judicial circles of the United States......
"Or, Eddard, make the most of your strengths and make a big deal out of it?" CHRIS SCRATCHES HIS HEAD AND BLASTS "ALTHOUGH I CAN'T GET USED TO YOUR TRICKS, I HAVE TO ADMIT THAT IT WORKS VERY WELL AND YOU HAVE A GOOD RELATIONSHIP WITH FAKENEWS"
"Hey! Hey! Hey! "Edward furious" What is your expression? You know, you're frowning like this, and it's very ruining your image of being majestic and bright in my mind......"
Chris ignored him and continued: "Mei is doing well now, she is already a producer, you ask her to do a few talk shows, and then invite those guys who are filming to come, and everyone has a fireside chat or something in front of the TV camera, I think the ratings will be good." After all, if you are used to seeing people who don't wear clothes, you must be more interested in wearing clothes......"
"Well...... Edward sighed, "Ruth said, this time it won't work, because the justices, with iron will, will not be influenced by the public, and even say that it will be counterproductive......"
"Ruth?" Chris keenly discovered what "WOW, Ed I'm proud of you......"
“…… Don't get out of the way, so we'd better think of something else, and the justices in the Miller case explicitly tightened restrictions on pornography...... If we still use "I'm Curious" as a point of attack that it is not pornography, it is likely that we will lose the whole lawsuit without any suspense...... "Edward rarely did not raise the bar with the other party.
The more this case is analyzed, the more it makes him feel furious.
When Chris saw that the punch was empty, he didn't bother to chase after the victory, touched his chin and said, "Could it be, there is such a possibility......"
"You say?"
In fact, I'm Curious v. South Carolina and the previous case of Miller v. California were brought to the U.S. Supreme Court at about the same time, and the justices chose to rule on Miller first because the case was simpler and ruled in favor of the California government. In this way, on the one hand, the relationship with the Republican Party was maintained, and on the other hand, the Miller case became a precedent that could be used......"
"Hiss......" Edward gasped, having to admit that the idea seemed like a conspiracy theory, but it was not impossible to think about it carefully.
The two cases are actually quite similar, both of which are state governments enacting regulations for pornography traffickers in the name of anti-pornography.
The difference is that Miller is an ordinary bookseller who sells pornographic magazines, has a few money, but has no political power behind it, and if he loses, he loses, and it will not cause a subsequent uproar.
And Paramount Pictures, the plaintiff in the "I'm Curious" case, is a real capital giant, and even the justices have a headache when they see it.
From a tactical point of view, it is very logical to get rid of Miller first, and then use it as a precedent in the "I'm Curious" case......
"Free speech, free speech," Edward muttered to himself.
"It's probably the only weapon we can ...... master," Chris agreed, "but from which angle ...... attack"
The two were sullen.
After a while, Celerie returned.
She originally wanted to surprise Edward, but before she could say a few words, she was grabbed by the latter to study the case......
Suddenly, his little face wrinkled into a bitter melon: "This case, this case, it's just, it's impossible to start......"
"yes," Edward rolled his eyes at the ceiling, his hand groping back and forth on Silare's thigh, "What a headache......
The latter's face was full of spring breeze, as if the case had nothing to do with her.
Chris wanted to pretend he didn't see it, but the huge white eyes betrayed his heart!
……
This night, Chris really didn't sleep well, he tried to knock on the door again and again, so that the dog man and woman converged, this apartment is quite new, it stands to reason that the sound insulation effect is good, but it also depends on the sound source.
If he hadn't had absolute trust in Edward's character, he would have called 911 to call the police......
The hysterical soprano coming out of the room makes people feel uneasy...... Chris even wondered if Edward had used some dishonorable means, otherwise the other party would not have let out a beastly roar......
And he felt that not only could he hear it, but the other neighbors should also be troubled, and it would be bad if the administrator interfered......
……
Ruthberg looked at the three students, and the three students also looked at her in a daze......
The atmosphere in the office is a bit awkward......
Fang Cai's discussion about the facts of the case came back to the same place after a big circle.
Proving from the law that I'm curious is not pornographic is now an almost impossible task.
As long as it is confirmed that it is a wool piece, then in the next judgment of the South Carolina Superior Court, it will have no advantage, and it can even be said that it will only be beaten and will not fight back......
"So, do you have any other ideas?" Ruthberg asked
"I do, but ...... But it's not mature enough...... "Edward scratches his head, "I suddenly thought of ...... last night"
Hearing this, Chris was shocked, and then deeply admired his roommate, who almost tossed all night last night, and today this guy is not only full of dark circles, but is full of energy, and can even come up with a new solution......
Thinking of this, he couldn't help but quietly touch the cross around his neck.
And Si Lairi quietly stilted Erlang's legs, and her face was a little flushed......
Ruthberg hadn't noticed the change in them, and she had some ideas in her mind these days, but they weren't mature yet.
I heard that Edward had a new idea, and I was immediately interested...... "Let's talk about it"
"I think we should start with the constitutional guarantee of freedom of speech...... Since "I'm Curious" will definitely be recognized as pornography, which will lead to it not being protected by the First Amendment, this is the chariot of the prosecution's attack, he doesn't even need to do anything more, just step on the gas pedal and run over, we can't resist it......"
"So I'm wondering," Edward scratched his head, "if we can give up this point and give it to each other...... We want to win this lawsuit, but it's not the way to go. ”
"How?" Chris was stunned
"I'm thinking that we can admit that the film itself is not protected by the First Amendment, but the act of showing the film is protected......"
"Look at this ......" Rustberg shook a piece of paper out of the folder and handed it over......
"WOW" all three exclaimed at the same time, this was a defense memo that Lustberg had written to herself, and it had the same idea as Edward.
"So, boys, go your separate ways, we're going to fly to Columbia (the capital of South Carolina) next month, and to be honest, I really admire Lord Thurmond's ......."
Indeed, no matter who is involved in this wave of operations, the kind that the five bodies admire.
Lord Thurmond proved with his strength that he was a mature and steady politician, and not a mere prostate maniac.
This case was previously like this:
South Carolina wants to ban the screening of "I'm Curious", but the theater chain and the copyright owner refuse, so everyone will go to court......
As a result, the operation came out......
Three months ago, Paramount took the lead in filing a lawsuit in Charleston, and the county court accepted the case......
Judging by normal people's thinking, the county court must have ruled Paramount to lose, right?
After all, everyone knows that the ban is what Lord Thurmond meant.
But!
The county court actually ruled in favor of Paramount!
Everyone was stunned......
Paramount's representative, Becky Taylor, in particular, couldn't believe it.
Excitedly, he hugged the lawyer in court and wanted to kiss him......
ps: Both of them are men......
As a result, the lawyer was shocked, and Paramount's representative thought the Southern hillbilly was shy, so he decided to show off the heroism of California men and women.
But seeing the lawyer's grim expression, he immediately understood that the situation might be complicated.
Sure enough, the city of Charleston immediately announced that it would appeal to the state superior court if it was not satisfied with the verdict!
Paramount's representative, Becky Taylor, was stunned on the spot!
A random stack of fxxk squirts out!
Charleston, on the other hand, left with a satisfied smile.
Only then did Becky Taylor understand the other party's strategy.
The judges of the county courts are, of course, impartial, but, in the writing of the New York Times' legal columnists, such impartiality is often accompanied by the long prefix "Senior Senator Trom Tmund has enormous influence over it......
Let's say the county court rules against Paramount as expected by the majority.
Then Paramount can appeal immediately, and the court that chooses to appeal can be either the state high court or the district circuit appeal.
The Fourth Circuit Court of Appeals covers not only South Carolina, but also North Carolina, Virginia, West Virginia, and Maryland.
While the jurisdiction is dominated by the state of Dixie, judges on the Federal Circuit are appointed by the president.
When Mr. Thurmond confronted the Southern Democrats against JFK and President Lyndon Johnson, the latter was not without a fight, and parachuting a pro-racial equality judge to the Fourth Circuit was one of the most advantageous tactics to disgust Thurmond.
In fact, if Thurmond's reaction hadn't been too strong, Lyndon Johnson would have even parachuted black judges to the Fourth Circuit......
The Dixies, led by Thurmond, were powerful in the South, but the presence of a pro-Democrat federal circuit court made their behavior less brazen......
When Nixon came to power last year, he was also expected to appoint a number of circuit court judges.
But that would only be the case when the circuit court judge voluntarily resigned or died, and the president had the power to appoint, but not to ......
At the moment, most of the judges in the Fourth Circuit are serious Democratic judges, and these people must be laissez-faire in their attitude towards Mao Pian...... And they won't miss every opportunity to disgust Lord Thurmond.
In addition, there is Maryland, the southern Erwuzai...... They first broke away from the camp of the Southern Democratic Party and began to move closer to the North......
At that time, Mr. Brewster was the leading figure in Erwuzai, so he was later forced to resign because of the "scandal", which was a "logical" thing.
So much so that poor Nancy became a laid-off female worker, and she walked into the small building by mistake and was stained by someone...... No, it should be that she breasted Edward......
But looking at Edward's relish, Nancy thought it didn't seem good......
Back to the abacus of South Carolina.
If the county court rules against Paramount Pictures, then the latter will directly appeal to the Fourth Circuit, and with the current composition of the Fourth Circuit, it is very likely that South Carolina will lose the lawsuit.
So, it's better to give Paramount a city first, and the city of Charleston directly announced that it would appeal to the state superior court, which is Thurmond's back garden, and it's not how to judge it if you want?
Is the end of the two trials......
Decisions made by both state superior courts and circuit courts are almost final, and of course can eventually be appealed to the Supreme Court.
However, it is the right of the parties to appeal, but it is the power of the justices whether to take the case......
Whether or not a justice accepts a case is a matter of discretion and does not need to be explained to the public......
Think about it, the Supreme Court has decided more than 100 cases a year at most, but tens of thousands of pleadings have been handed in, so why not accept them if they are explained one by one...... At the end of the year, the justices will not hear cases......
This is really a lot of work, and it's in full compliance with the law......
This made Paramount very uncomfortable, as did Rustberg and Edward, who thought early on that the lawsuit would definitely go to the Supreme Court and let the nine old immortals clean up the mess......
As for the trial in the South Carolina Superior Court, I knew it was going through the motions, but I had to go.