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FBaggins

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5. Because they couldn't get a majority to agree on an amount

Thu Aug 21, 2025, 11:51 AM

Thursday

Last edited Thu Aug 21, 2025, 01:20 PM - Edit history (1)

The five judges apparently split three ways.

It's a long decision and I've only gotten started with it - but it appears that one of the five judges would have tossed the entire thing on the theory that the AG couldn't bring the case in the first place. Two others agreed that she had the power and that at least some of the charges were valid... but that the ruling was so defective that the case needed to be sent back down to the supreme court to try again... except they knew there was no way that was going to happen. The two remaining judges agreed that James could bring the case and that the non-financial penalties were well constructed... but that the fine was unconstitutionally excessive.

Two judges wouldn't be able to assign a new/lower amount and they agreed that there was no way that the lower court could start over (because the defendant is POTUS)... so they tossed the entire amount.

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