[eDebate] questions about American Booksellers v Hudnut

Kuswa, Kevin kkuswa
Tue Jun 6 12:37:03 CDT 2006

this is an important issue and one that begs the question of the lower
court counterplan.  certainly the aff will have some offense by using
the S. Court (bad models arguments), but there is solid CP ground for
the lower courts/circuit courts....thoughts on this (thanks for the Q,
Bill)?  As I understand it, Hudnut was decided in 85 by the 7th circuit.


From: edebate-bounces at ndtceda.com [mailto:edebate-bounces at ndtceda.com]
On Behalf Of William Newnam
Sent: Tuesday, June 06, 2006 1:30 PM
To: edebate at ndtceda.com
Subject: [eDebate] questions about American Booksellers v Hudnut

I apologize I am posting this to the wrong venue, but I am unsure what
goes on the blog v. what goes on edebate.
While many of the listed cases deal with different subject matters, one
case stands out as procedurally different.  
Unlike the others, American Booksellers v. Hudnut does not appear to be
"decided" by the Supreme Court.  Rather they offered no opinion and
instead appear to be allowing the decision of the Eighth Circuit to
stand without review.  Am I correct in this interpretation and, if so,
how does it square with the definition of overrule offered by Gordon
Stables when he noted, that in the context of the Supreme Court as actor
they would have to overturn rather than overrule.

The Dictionary of Modern Legal Usage discusses overrule, overturn, and
reverse in the following quote:

ENTRY: overrule; overturn; reverse; set aside; vacate. Overrule is
usually employed in reference to procedural points throughout a trial,
as in evidence <"Objection|" "Overruled.">. Overrule is also used to
describe what a superior court does to a precedent that it decides
should no longer be controlling law, whether that precedent is a lower
court's or its own. Overturn and reverse are terms to describe an
appellate court's change to the opposite result from that by the lower
court in a given case.

Between multiple commitments I was not able to follow the meetings in
"real time" so I apologize if this is redundant.  But I have been unable
to find any discussion of this issue on the blog or edebate.

Any correction, information or insight on this question would be


bill n


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