I expect that a lot of people will start (or already are) appealing convictions based on the recent Supreme Court ruling. If you want to prevail I believe it’s important that the right cases are selected for the appeals process. I don’t think it would be a bad idea for people within various states to form informal groups to discuss the pros and cons of various cases and insure that the most winnable are the ones that are appealed and that funding is thrown behind these. That will benefit everyone.
Keeping in touch between states (on the legal board here?) might not be bad either. It’s likely that supporting a case in another state that has a better chance of success than your own might be of benefit to your case if theirs is won (though some courts clearly have a not invented here ideology).
If anyone gets to the point of appealing past a state level then we need to look at it from a national standpoint, but my expectation is that it likely won’t be necessary unless some significant issues develop in the lower courts with regard to the commerce aspects.
Most attorneys do a pretty good job of all the above already. I just wanted to throw it out in case someone has a dunce for an attorney or doesn’t understand why their attorney wants to wait on an appeal.
Note: You always have the right to appeal, limited only by your ability to fund your attorneys and an upper courts willingness to accept the appeal – this post in no way construes otherwise.
I’m not an attorney so don’t take any of this as anything more than from an interested observer (and real attorneys are welcome to correct any misstatements I’ve made). I am though involved in the political process and lest you think that courts aren’t political, especially on an issue such as this, think again.
Further discussion (from me anyway) on this issue will be on the TER legal board.
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