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n2jtx
join:2001-01-13
Glen Head, NY

n2jtx to dcborn61

Member

to dcborn61

Re: Appeal?

said by dcborn61:

Appeals Courts have ruled differently on this issue. Those are exactly the cases SCOTUS takes on.

Usually. Lately they have been willing to allow divided circuit rulings to stand on Second Amendment questions. However, in this case I would agree that a divided circuit and money won out.
Kalmus
join:2012-11-21
Boston, MA

Kalmus

Member

There are no other Court of Appeals rulings on the issue addressed by the 2d Circuit in the Aereo case. The case was presented to SCOTUS like virtually all cases it hears - by writ of certiorari. Whether SCOTUS accepts a writ of cert is discretionary and requires an affirmative vote by 4 of the 9 justices. Money plays no role in what the SCOTUS justices decide to hear.

jmn1207
Premium Member
join:2000-07-19
Sterling, VA

jmn1207

Premium Member

said by Kalmus:

Money plays no role in what the SCOTUS justices decide to hear.

I find it difficult to believe that money is not indirectly involved in some manner in nearly every aspect of or justice system at this point. Even the appointments of a SCOTUS justice appears to be heavily influenced by those with power, and hence, money.

Anyway, with no proof, I have no grounds for discussion except for my rambling on about conspiracies.
tanzam75
join:2012-07-19

tanzam75 to Kalmus

Member

to Kalmus
said by Kalmus:

There are no other Court of Appeals rulings on the issue addressed by the 2d Circuit in the Aereo case.

Not yet, but the FilmOn case is pending in the 9th Circuit Court of Appeals. The 9th Circuit has historically been friendly to copyright holders, as it is Hollywood's home circuit. (Most famously, the Court ruled against Sony in the Betamax case.)
said by Kalmus:

The case was presented to SCOTUS like virtually all cases it hears - by writ of certiorari. Whether SCOTUS accepts a writ of cert is discretionary and requires an affirmative vote by 4 of the 9 justices. Money plays no role in what the SCOTUS justices decide to hear.

The case was presented to the Supreme Court as a petition for certiorari. The Supreme Court decides whether or not to issue a writ.
Kalmus
join:2012-11-21
Boston, MA

Kalmus

Member

You are, of course, correct re petition for cert and issuance of the writ.