Posted by Paul Andrew Mitchell, B.A., M.S. on October 01, 1998 at 00:13:46:
In Reply to: Re: Dan Meador's letter to Paul Andrew Mitchell, 9/29/98 posted by djf on September 30, 1998 at 04:25:22:
: Also, The Supreme Court (federal) has vested authority to establish rules and regulations, yet I imagine FRCP 54(A) violates separation of powers. Comgress could challenge it if they chose, I wonder if the courts would back Congress or the judiciary?
See, in particular, 28 U.S.C. 2072(a),
which mentions only the USDC, and fails
to mention the DCUS. We discuss this
matter in USA v. Knudson.
Inclusio unius est exclusio alterius.
See also the Mookini case, which is
right on point, with respect to the
application of this construction rule
to procedural Rules issued by the
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness,
and Private Attorney General
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