More on the Nick Sandemann “Dismissal”
It Ain’t Over Till It’s Over
by
Covington Teen Lost His First Court Battle, But Will Probably Win His Next
When Sandmann appeals, a three-judge panel of the Sixth Circuit Court of Appeals will consider his arguments. Given the procedural posture of this case—the motion to dismiss stage—Sandmann has solid grounds to argue for reversal.
That’s because at that stage, the court must read the facts in the light most favorable to Sandmann, and if a reasonable jury could interpret the Post’s statements as defamatory, the court must allow the case to continue. An analysis of Judge Bertelsman’s opinion indicates that he overstepped his bounds in several areas and resolved factual disputes that should have been left for a jury to decide.
An eighty year old Democrat judge appointed by Jimmeh Peanut “overstepping his bounds” in order to render the decision he wanted, rather than what the actual case required? Well, fan my fanny, and well I never.
The author thinks the dismissal won’t stand, and that the ultimate decision will be in the hands of a Kentucky jury. If so, there is at least a decent chance Sandemann will emerge victorious. And a victory would trigger rapid settlements in all of the other cases launched on his behalf, which would be an entertaining (not to mention excellent for the Republic and her people) thing.
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(TLB) published this article from the Daily Pundit
I am a freethinker who supports the American constitutional system of ordered liberty within the context of western civilization. My primary concern is to increase individual liberty as much as possible in the face of statist efforts to restrict it from both the right and the left. I seek the most liberty possible for the most number of people. You can email me at: icebergwtq-at-gmail-dot-com.
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