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Halls of Shrewd'm / US Policy
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Author: Dope1   😊 😞
Number: of 48466 
Subject: Re: contempt deadline
Date: 04/16/2025 6:34 PM
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So if you and I have a property dispute over which of us is the owner of a valuable piece of pottery that you have possession of, the judge may issue a TRO telling you that you can't destroy the pottery. Not because the judge is deciding right then that the pottery belongs to me (after all, if it belongs to you then you can destroy it if you want). It's to protect the party who might win the case from being unavoidably damaged during the interim. Even if you end up winning the case, you still have an obligation to obey the TRO for that reason - and you can (and should) be sanctioned if you violate the court's order.

Everything you're posting...is contingent on being up in front of a judge with actual jurisdiction. IIRC you live in Florida. I live in Washington. You can't run to a judge in Massachusetts and ask her to issue a TRO on your behalf.

There's plenty of case law to back up what you're saying. That's great. Fully accepted in practice.

However, does any of that case law have to deal with the executive branch being ordered to do something by a court which has not established jurisdiction over a matter? And then issues an unlawful order on top of that?

That's the bomb here.
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