Smoking Everywhere V. FDA Daily Docket Sheet Update--APPEAL's COURT ISSUES STAY

[Vlynn]

I appreciate it too! Thanks

[JustJulie]

You have to understand what an Administrative Stay is really I guess to understand what I am saying. A Court can not prejudice a party by using an Administrative Stay for this long. It runs afoul with several Constitutional rights within the judicial process.

Furthermore, just the mere fact that the Court is severely prejudicing SE who asked for this relief a year ago brings me to the same conclusion that the prejudice of this delay, will turn out to benefit SE and NJOY.

It may well be speculation, but then again, looking at it that way, waking up tomorrow just may be speculation for many of us.

Sun

Well, I do understand the concept of an administrative stay . . .I even managed to get an A in civil procedure. Constitutional law, though . . . well, that was a bit more of a struggle.

My hope is that the Court of Appeals will uphold Judge Leon's ruling, but I'm basing that on my feeling that his ruling was legally spot-on, not on my perception that the Court of Appeals is taking too long. If you try to read too much into delays, you'll go crazy.

[Sun Vaporer]

Well, I do understand the concept of an administrative stay . . .I even managed to get an A in civil procedure. Constitutional law, though . . . well, that was a bit more of a struggle.

My hope is that the Court of Appeals will uphold Judge Leon's ruling, but I'm basing that on my feeling that his ruling was legally spot-on, not on my perception that the Court of Appeals is taking too long. If you try to read too much into delays, you'll go crazy.

Sometimes Julie, but I have never seen an Administrative Stay of this type be in effect so long. You also have to remember that this came in under the guise of the FDA filing an Emergency Motion which was granted to be heard and a very short briefing period was set (one week).
　
　
That one week was two months ago. So that is my take on it. Take it or throw it to the wind. The only issue I have with Judge Leon is his ruling showed a little too much hostility to the FDA and sometimes Appeals Courts take a hard look at the motivation of that which can "cut both ways". As for the substance, I think you will see the "Intended Use" revisited and either reiterated or overturned.
　
　
Again, I personally do not see a reversal from this Interlocutory Appeal.
　
　
　
　
Sun

[BigJimW]

Any comment on this article I just found?

EDIT: removed link. It was more of Banzhafs BS again. Blowing his own horn again..

Carry on

[Sun Vaporer]

Any comment on this article I just found?

EDIT: removed link. It was more of Banzhafs BS again. Blowing his own horn again..

Carry on

Big Jim--this is another ASH press release with Banzhaf giving his two cents again.

"This new ruling doesn't necessarily mean that the U.S. Court of Appeals disagrees with Judge Leon's ruling, but it may signal some concerns with the way the lower court judge decided the case," says public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health, who participated in the case."

It "signals" nothing as the Court stated from the very first day the Administrative stay was not based on any of the merits of the case. So I would not give it another thought. Just Banzhaf making some more headlines for himself and his anit ASH group.


Sun

[JerryRM]

Big Jim--this is another ASH press release with Banzhaf giving his two cents again.

"This new ruling doesn't necessarily mean that the U.S. Court of Appeals disagrees with Judge Leon's ruling, but it may signal some concerns with the way the lower court judge decided the case," says public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health, who participated in the case."

It "signals" nothing as the Court stated from the very first day the Administrative stay was not based on any of the merits of the case. So I would not give it another thought. Just Banzhaf making some more headlines for himself and his anit ASH group.


Sun

The man is "a legend in his own mind".

[BigJimW]

Big Jim--this is another ASH press release with Banzhaf giving his two cents again.

"This new ruling doesn't necessarily mean that the U.S. Court of Appeals disagrees with Judge Leon's ruling, but it may signal some concerns with the way the lower court judge decided the case," says public interest law professor John Banzhaf, Executive Director of Action on Smoking and Health, who participated in the case."

It "signals" nothing as the Court stated from the very first day the Administrative stay was not based on any of the merits of the case. So I would not give it another thought. Just Banzhaf making some more headlines for himself and his anit ASH group.


Sun

That's why I deleted the link. Banzhaf blowing his horn again and the article is two months old. Very misleading wording in the article.

[Sun Vaporer]

Again nothing from the Appeals Court today on the docket sheet. Hopefully this will be the week to at least see a ruling on the Stay.


Sun

[SheerLuckHolmes]

Is the court just going to rule on the stay and then consider the appeal in a second ruling, or is the reason it might be taking so long is that they will come forth with their entire ruling and then everything is back in
Judge Leon's court again?

[Sun Vaporer]

Is the court just going to rule on the stay and then consider the appeal in a second ruling, or is the reason it might be taking so long is that they will come forth with their entire ruling and then everything is back in
Judge Leon's court again?

Sheerluck--I think you are going to see a blanket ruling just like I predicted with Judge Leon where he took all Motions outstanding and addresssed them all at once.

So no, I think they will deny the Stay and the Appeal all at once. If they do not, we are going to have a huge problem on our hands.

ADD---if you have not stocked up


Sun