Read the NV Supreme Court's Opinion Against Kucinich

[Cheney Killed Bambi]

Here:

http://www.nvsupremecourt.us/documents/cases/50889.ordergrantingpetition.pdf

Looks like a solid opinion legally. If you're mad, you should be mad at MSNBC, not the Court.

[global1]

1. I Read It But Don't Understand It..,..

can anybody translate from legalese to plain english.

[tekisui]

3. Basically it says the District Court was wrong.

NBC did not have a contract to include Kucinich.

But, the point is, NBC Universal Fought hard and fast, got the Nevada SC to hear and rule within hours to ban Kucinich from the debate.

What are they so fucking scared of?

[Olney Blue]

2. What the hell is a mandabus?

[The Velveteen Ocelot]

7. A writ of mandamus is what's called an "extraordinary writ"

that is granted to compel a lower court or other government official to act; while a writ of prohibition is designed to prevent a lower court from exceeding its powers or its jurisdiction. In this case it looks like NBC sought both kinds of writs because it had no other remedy, there being no immediate appeal from a temporary restraining order (the lower court's order directing NBC to allow Kucinich to participate). But the Nevada Supreme Court said the lower court was wrong because there was no underlying binding contract between Kucinich and NBC that required NBC to allow Kucinich to debate, and therefore the trial court was wrong in granting the TRO. So the writ was granted to vacate the order of the trial court.

I think NBC should have let Kucinich debate; I can't imagine why they disinvited him. But the Nevada Supreme Court was probably correct on the legal issues. The ass that needs kicking is NBC's, not the court's.

[Olney Blue]

13. Thanks for the analysis, ocelot.

:patriot:

[rwheeler31]

4. I read it , what does it say?

[THUNDER HANDS]

5. i read it, and I'm a court reporter who deals with leagaleze all the time

and I have no idea what they're talking about.

[The Magistrate]

6. That It Is, Sir

They ruled the district court had no jurisdiction. They ruled no legally enforceable contract was at issue, because one element of such, payment for service, was not present. They ruled that enforcement of any F.C.C. regulation was a matter for that body and the Federal courts, not a district court in their state. They accordingly ordered the district judge to vacate his order to the network.

[Peace Patriot]

10. "...payment for service, was not present." uh-huh. nt

[Blackhatjack]

8. Here is the gist of it....

The District Court Judge exceeded his authority by granting the injunctive relief requested by Kucinich.

Kucinich made his argument based on Section 315(a) as a private citizen. There is no right of a private citizen to enforce Section 315(a). Kucinich could have appealed the decision to exclude him from the MSNBC debate to the FCC, which would have created public action by a government agency which IS REVIEWABLE --but Kucinich did not do that.

A writ of mandamus is an order that a lower court or official carry out their lawful duties by either doing something they are required to do, or refraining from doing something which they are not legally empowered to do.

In this case, the Court considered the relief that MSNBC requested to be a motion for extraordinary relief and a request for a writ of mandamus(that the District Court Judge withdraw his so-called temporary injunction). The Court agreed, and ordered the District Court Judge to withdraw his order.

Sound opinion.

[OPERATIONMINDCRIME]

9. Their Ruling Is Solid. But I Was Still Hoping That Somehow It Would Work Out In His Favor Anyway.

I don't say that because I think he should be there, since technically I'm not sure he should be. I say it because of the way NBC invited him and then rescinded, and the blatant level of disrespect that shows to one of our candidates. I think their acts were reckless and disgraceful, and I was hoping that they'd get smacked in the face for it.

[Blackhatjack]

11. The proper recourse here is to document & raise this at MSNBC's license renewal ....

The way Kucinich was treated and excluded is exactly the kind of incident that is germane to any decision as to whether the FCC renews their broadcast license.

However, the FCC is the decisionmaker in cases like this and the private individuals do not have the right to enforce FCC regulations.

[OPERATIONMINDCRIME]

14. Ok, Sorry, But That's Just A Weeee Bit Extreme For Me.

I don't like the way they treated him, but I think it's beyond over reaction to think it warrants their loss of license; with all due respect.

[Cheney Killed Bambi]

15. And to write to NBC

and tell them you are unhappy with their actions, and will stop watching their programs.

[KoKo]

16. Of course it goes back to the FCC...but we have a Govenment OUT OF CONTROL

and isn't it a bit odd that Harry Reid is from Nevada and his Son works for Hillary...and Nevada Supremes could hear arguments on this case this afternoon and rule so swiftly...to overturn a lower court Nevada Judge? Wouldn't one think that Supremes wouldn't be so fast to over rule a judge in their own State System...unless it was a matter of "Life and Death?" It would seem that a Debate where a participant had been "invited" might be argued as a "proposed contract" and then rules were re-written to "break the invitation" (contract)? Would seem Kucinich didn't have time to assemble a good enough legal team to argue his case before NV Supremes. But, then...maybe the NV Supremes don't need to hear opposing arguments before they rule...because obviously the lower court judge was someone who could be trashed in the system. Not the way politics usually works in the State Judicial System...but hey what do I know...

[madrchsod]

12. yes it is a soild opinion

i forgot msnbc is cable thus we do not own the airwaves....one thing that makes me happy is that everyone will know what happened to dennis and who`s responsible.