Federal Preemption opening arguments
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Dave_Mack
09:55:34 Sat
Oct 26 2013
Federal Preemption opening arguments
Here are the Opening Arguments for Federal Preemption to overturn California's suction dredge moratorium in the Third Appellate District of California.

growler
14:07:44 Sat
Oct 26 2013
Re: Federal Preemption opening arguments
WOW!!!!!!!!! Jim

Gold_Nuggets
15:03:49 Sat
Oct 26 2013
Re: Federal Preemption opening arguments
More than WOW!! James Buchal is worth his weight in gold for covering every issue totally. The Opening Arguments are well written and to the point! Fingers are crossed for a fair judgement this time. :doublethumbsup:

Rod_Seiad
16:25:14 Sat
Oct 26 2013
Re: Federal Preemption opening arguments
Wikipedia states the clear meaning.......

According to the Supremacy Clause (Article VI, clause 2) of the United States Constitution,

This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.

As the Supreme Court stated in Altria Group v. Good, 555 U.S. 70 (2008), a federal law that conflicts with a state law will trump, or "preempt", that state law:

Consistent with that command, we have long recognized that state laws that conflict with federal law are “without effect.” Maryland v. Louisiana, 451 U. S. 725, 746 (1981)



I fail to find any sort of argument on the foundation.:thankyou:



BNUGGET
00:56:01 Mon
Oct 28 2013
Re: Federal Preemption opening arguments
Thanks for posting this Dave, Wow was what I was thinking to myself when I first read the brief as well. James has always been to the point and very detailed in all his arguments with case law to back it up. It will be interesting to see what the States response to this will be.:shrug:

Brandon Rinehart

ratled
02:21:24 Mon
Oct 28 2013
Re: Federal Preemption opening arguments
best of luck Brian!!!!!

Has it been placed on the court calendar yet?

ratled

theseeker
16:45:42 Mon
Oct 28 2013
Re: Federal Preemption opening arguments
Dave, Thanks for posting this! Fantastic opening arguments filed by James Buchal and his firm. Job well done! Brandon Rhinehart is lucky that he has James to represent him and the rest of us are as well through this case. I will be stepping up to make a donation to the Legal Fund! I hope that all of you that have the ability to donate to the Legal Fund do so! This is for our right to dredge in California and elsewhere in the United States !!!


Pete Rosario (theseeker)

growler
23:29:32 Wed
Apr 30 2014
Re: Federal Preemption opening arguments
BNUGGET, Good luck Brandon! Has to be getting close. Jim



Federal Preemption opening arguments
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