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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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Enforcement? | 209 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
Enforcement?
Authored by: Anonymous on Saturday, September 15 2012 @ 09:26 AM EDT
I suppose SCOTUS could modify their trial procedures/schedule (which I'm fairly
sure is up to them to decide) to allow them to rapidly strike down every ruling
coming from the Federal Circuit (basically, grant certiorari, take briefs, and
then just reverse to whatever the trial court decided) within the week, but it
would probably be a bit taxing (though they could probably bring on extra staff
or something to help).

If SCOTUS basically stripped the Federal Circuit of any authority at all (I
wonder if they could order the case remanded to a different circuit on grounds
of refusal to follow precedent?), that might get the message across.

It's also possible for Congress to do something, be it clarify matters
legislatively or possibly impeach the judges (not sure on procedures here - but
I'm fairly sure it falls within Congress's power to remove judges from the bench
in exceptional circumstances).

[ Reply to This | Parent | # ]

Enforcement?
Authored by: PolR on Saturday, September 15 2012 @ 10:33 AM EDT
I don't know how the Supreme Court court enforce.

The Federal Circuit exists because of a law of Congress. If Congress wishes so
they can send patent appeals back to the ordinary circuits.

[ Reply to This | Parent | # ]

  • That they haven't - Authored by: Anonymous on Saturday, September 15 2012 @ 11:52 AM EDT
    • That they haven't - Authored by: Anonymous on Saturday, September 15 2012 @ 01:13 PM EDT
  • Enforcement? - Authored by: Anonymous on Saturday, September 15 2012 @ 01:18 PM EDT
Enforcement?
Authored by: Anonymous on Saturday, September 15 2012 @ 11:51 AM EDT
Makes the case for politically independent appointment and discipline.

[ Reply to This | Parent | # ]

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