post #31 of 31
Quote:
Originally Posted by HanSomPa View Post

Has little bearing the Supreme Court. The Court is where laws are changed and amended. There are plenty of historical precedents where some people are "protected" from such litigation, but they've been convicted anyway. Of course the exact opposite is also true and you're right when you say that plenty of people will get away with it.
I have no idea what you're talking about. You've just contradicted yourself. I assure you that this is a step in the right direction, made by the people, to protect themselves from the Government's mistakes.
Then they'll make a new case. We can wait and bide our time and continue to sue them over and over. These things aren't often won in a day or in one legal action.

Class-action litigation exists in the civil realm only. One is convicted in a criminal proceeding, and held liable in a civil case. What he is referring to is called a class action waiver, which is found in some arbitration agreements. The law is currently very unsettled as to whether one can waive, via binding arbitration, the right to participate in a class action suit. And because the waiver must be part of a bargained-for exchange, there are ways in which an otherwise-valid class action waiver can be void or voidable. A good example of that is an agreement procured by duress, fraud, or unconscionability.

The issue here has nothing to do with civil class-action litigation. This is a constitutional law issue regarding the 4th amendment, and whether the NSA's practices in question 1) are subject to 4th amendment provisions, 2) to what extent, and 3) whether it violates the provisions it is subject to.

Those bringing the suit tried to "fast-track" the complaint to SCOTUS by advancing nuanced jurisdictional arguments. SCOTUS refused to hear them. Now, the complaint has to snake its way through federal district court. It then must advance on appeal to federal appellate court. And then, finally back to SCOTUS to decide whether to grant cert and take on the case.
Overkill
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Overkill
(17 items)
 
  
CPUMotherboardGraphicsRAM
i7 5820k @ 4.625Ghz ASUS Rampage V Extreme GTX 980 Ti SLI 32GB G.Skill RIPJAWS 3200Mhz CL14 
Hard DriveHard DriveHard DriveHard Drive
Intel 750 400GB Samsung 850 Pro 512GB WD Black 4TB 7200RPM Hitachi 2TB 7200RPM 
CoolingOSMonitorKeyboard
Corsair H80i GT Windows 10 Professional Acer Predator X34 3440x1440 100hz IPS Razer BlackWidow Stealth 2013 
PowerCaseMouseOther
Corsair RM1000i SilverStone RV02 Razer DeathAdder 3G SMSL SD793-II PCM1793 DIR9001 DAC 
Other
Sony MDR-XB500 Headphones 
  hide details  
Reply