18:2718:27, 24 May 2020diffhist−425
Episcopal Diocese of Fort Worth
→Property dispute: This is also just plane wrong. A ruling on the legal standard applied is a ruling on the law pertaining to the case. By definition, that is a ruling on the merits. "Ruling on the merits" means both the raw facts of the case and the law applied to them. That's how all rulings in trial courts are made. I imagine there are law students or lawyers who are reviewers so I don't know how this was left up for so long.
18:2318:23, 24 May 2020diffhist−185
Episcopal Diocese of Fort Worth
→Property dispute: This is simply not true. A denial of certiorari can in fact be the result of an agreement on the merits but the court almost never gives a reason why certiorari was denied. We can only speculate why and it's common, for even astute jurists, to speculate that a case was not heard because the justices agreed on the merits. More often though, other reasons are involved. The bottom line is, no one knows the real reason why the case was not heard. Iker was just speculating.
18:2718:27, 24 May 2020diffhist−425
Episcopal Diocese of Fort Worth
→Property dispute: This is also just plane wrong. A ruling on the legal standard applied is a ruling on the law pertaining to the case. By definition, that is a ruling on the merits. "Ruling on the merits" means both the raw facts of the case and the law applied to them. That's how all rulings in trial courts are made. I imagine there are law students or lawyers who are reviewers so I don't know how this was left up for so long.
18:2318:23, 24 May 2020diffhist−185
Episcopal Diocese of Fort Worth
→Property dispute: This is simply not true. A denial of certiorari can in fact be the result of an agreement on the merits but the court almost never gives a reason why certiorari was denied. We can only speculate why and it's common, for even astute jurists, to speculate that a case was not heard because the justices agreed on the merits. More often though, other reasons are involved. The bottom line is, no one knows the real reason why the case was not heard. Iker was just speculating.