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Not A ID
The 10th Circuit Court of Appeals remains silent.
Mon Sep 3, 2018 7:56pm

I have to wonder if a certain case:

("A ruling isnít expected for two to four months, said Free the Nipple attorney Andrew McNulty" in January, 2018)

Has given them pause on rendering a verdict at present, at least until after the election in November. After all "Status Quo" in Fort Collins, Colorado at the moment is women currently are able to go topless in public. As to their reluctance?

I have to wonder if in the process of doing "Research" in regards to their prospective ruling, they didn't accidentally stumble into some of the ENF/Enforced Nudity material out there where a court ruling a certain direction lead to all kinds of changes. :)

"Political realities" are also probably in play. Where while I think they wouldn't be too concerned about the potential impact of a ruling against Free The Nipple(as many such rulings have happened previously), a ruling in their favor would be comparable to setting off a blockbuster bomb in the middle of a convention with it being an election season right now.

In the mean time, I kind of suspect they're taking some extra time to revise, refine, and further narrow the nature of their ruling to ensure the outcome "doesn't get out of hand" as it were.

The one thing they have going for them is Colorado's own State-level Equal Rights Amendment was brought up as part of the grounds, although I'm not a lawyer and unsure how that applies in a federal case where "The Federal part" of the case falls under the 14th Amendment under equal protections. So I guess they could be trying to foist as much of the ruling as possible off on the Colorado ERA, the only problem with their doing so is that Wyoming and New Mexico are also in their circuit, and have a state ERA-equivalent which would then get triggered as well because of how they're worded.

More broadly, Free The Nipple then has grounds to push cases in Alaska, Connecticut, Florida, Hawaii, Illinois, Louisiana, Maryland(where they're already trying), Massachusetts, Montana, Nebraska, New Hampshire, New Jersey, Oregon, Pennsylvania, Texas, Virginia, and Washington. Some of the previously mentioned states I know are already allegedly "top free" to one degree or another, but talk about opening a can of worms, particularly should the case then find its way to the Supreme Court. (I'm inclined to suspect they'll refuse to hear the case, exactly for that reason--they don't want to become involved if they can help it)

I found it interesting the note that while Utah and California both have versions of an ERA as well(Utah's was included in its initial state Constitution in 1896, where it still remains. California added theirs in 1879), their wording is different enough they'd probably escape a ruling pointing at Colorado's ERA. Obviously, if it is the 14th Amendment they focus on instead, implications are national although immediate impact would only be the 10th Circuit, at least until/unless the Supreme Court decided to touch it.

    • Politicians in RobesJB, Sat Sep 15 1:42pm
      There was once an illusion that our rights were based on inalienable principles, but those days are gone. It is a farce and deserves no respect, nor should we feel that we are protected. It is known... more
      • democracy-mistakeT., Sun Sep 16 5:42pm
        Technically we do not live in a democracy. We live in a republic. Just a point of order.
      • Re: Politicians in RobesAnonymous, Sat Sep 15 8:46pm
        democracy is not the goal. In a democracy 50.1% of the population decides what they can take from the other 49.9% of the people. In a republic, the rights of the minority are to be protected by the... more
        • And...Not A ID, Sun Sep 16 10:41am
          The legislature itself can become somewhat "undemocratic" as well, under certain circumstances. Such as it taking three election cycles to replace everybody in the Senate, even if 70% of the... more
          • Re: And...Anonymous, Mon Sep 17 2:18am
            The Senate is said to be the saucer for the hot tea cup of the House. A grand idea will last the test of time. A bad idea ought not be rushed into on the whims of a majority. Hence, the Senate is to... more
    • How it works is that when a federal court does something a State does not like, while the State may be forced to accept topfree the various cities and townships quickly pass their versions of... more
      • Not saying its impossible, I just doubt it. If they issue a pro-FTN ruling in October, or even the latter half of September, it is very likely that the Presidential Mid-Term elections will suddenly... more
        • You are thinking more like a politician than a judge. While judges are not immune to political winds, they tend not to worry about such. When a judgement is ready, it is ready. Public intercourse on... more
          • Only if it was SCotUS doing so.Not A ID, Tue Sep 4 5:23pm
            And even (former) Supreme Court Justices have acknowledged that politics DO sometimes factor in to decisions made by the courts, even if it is something as "trivial" as timing of a ruling's release.... more
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