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Dave_Mack
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Federal Preemption opening arguments ( 09:55:34 SatOct 26 2013 )

Here are the Opening Arguments for Federal Preemption to overturn California's suction dredge moratorium in the Third Appellate District of California.

  
growler
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Re: Federal Preemption opening arguments ( 14:07:44 SatOct 26 2013 )

WOW!!!!!!!!! Jim

  
Gold_Nuggets
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Re: Federal Preemption opening arguments ( 15:03:49 SatOct 26 2013 )

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
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Re: Federal Preemption opening arguments ( 16:25:14 SatOct 26 2013 )

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
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Re: Federal Preemption opening arguments ( 00:56:01 MonOct 28 2013 )

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



---
"Turns out my wife's not the Gold Digger, I am...Go figure"
 
 
ratled
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Re: Federal Preemption opening arguments ( 02:21:24 MonOct 28 2013 )

best of luck Brian!!!!!

Has it been placed on the court calendar yet?

ratled

  
theseeker
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Re: Federal Preemption opening arguments ( 16:45:42 MonOct 28 2013 )

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
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Re: Federal Preemption opening arguments ( 23:29:32 WedApr 30 2014 )

BNUGGET, Good luck Brandon! Has to be getting close. Jim

  

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