Legal Opinion · Dissent

Bogaert v. Land

Court of Appeals for the Sixth Circuit

Decided October 8, 2008No. 08-2130, 08-2131, 08-2140Published

1DissentClay, Circuit Judge

Just three weeks ago, this Court resorted to legal technicalities to deny appellants’ emergency motions seeking to stay the district court’s preliminary injunction. In my opinion, that decision improperly deprived Representative Dillon and Secretary of State Land of their right to have their claims considered on the merits. Today, the Court adopts that same approach, *865and in doing so once again improperly deprives the litigants, and indeed the citizenry of the State of Michigan, of a forum for the proper consideration of these important issues.

According to the majority, these appeals are now…

2Cases cited18 opinions

  1. Powell v. McCormackSupreme Court of the United States · 1969
  2. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  3. University of Texas v. CamenischSupreme Court of the United States · 1981
  4. Southern Pacific Terminal Co. v. Interstate Commerce CommissionSupreme Court of the United States · 1911
  5. County of Los Angeles v. DavisSupreme Court of the United States · 1979

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