>
> http://finance.myway.com/ht/nw/bus/20050222/hlm_bus-n22530838.html
>
I wanted to go see the arguments in person this morning, but other
things came up. I could see the court completely sidestepping the
real issue of importance to us by saying the Plaintiffs lacked
standing (unable to show a particularized harm that is not shared by
the general public ("You have to have a harm that distinguishes you
from the public at large," Sentelle said during oral arguments. "If
there is not a particularized harm, you do not have standing...There
may be someone from the industry who can come forward."))
It would be great if Hauppague or one of the other card manufactures
sued, because the other question, including the ones in that article,
indicate that they rightly beleive the FCC acted improperly without a
mandate from Congress. I would expect that issue to be very ripe for
a Supreme Court either way it comes, assuming they get there and don't
stop at the standing issue. It will be interesting to see if the flag
proponents could get legislation quickly passed if the flag is
overruled on these grounds.
Either way, hats off to Brad Templeton, Wendy Seltzer and others on
this list and off for their work on fighting the flag. Hopefully, if
standing is the losing issue, some of the manufactures could step in.
I believe even Issac or this community would be able to show a
particularlized harm by virtue of it impeding a major myth feature (HD
Recording).
_______________________________________________
mythtv-users mailing list
mythtv-users@mythtv.org
http://mythtv.org/cgi-bin/mailman/listinfo/mythtv-users
