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Politics : Politics for Pros- moderated

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To: Lane3 who wrote (105788)	3/24/2005 4:03:20 PM
From: carranza2	of 793882

This might explain it. This morning I posted this comment by Larry Tribe: "He also said that de novo review doesn't necessarily mean reopening the whole inquiry but only that they could look at things without deference to what the state had done." That's a fair interpretation on Tribe's part. It certainly is the terminology used when certain legal proceedings are reviewed by an appellate court. No new evidence is presented; the existing evidence is analyzed without any deference to the ruling made by the court being reviewed. However, I'm certain that is not what Congress intended. Another example of bad draftsmanship. It's what happens when statutes are drafted late on a Saturday night in DC.

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