The Missing Sentence

 

 

Judge Coughenour created an ellipse in quoting Mr. Walker,  deliberately omitting one sentence. The omitted sentence read: “This has been recognized by the Supreme Court in several cases.” The sentence was footnoted as follows:

 

“See generally Dodge v. Woolsey 59 U.S. 331 (1855);  Hawke v. Smith, 253 U.S. 221 (1920);  Dillon v. Gloss, 256 U.S. 368 (1921); United States v. Sprague, 282 U.S. 716 (1931);  Coleman v. Miller, 307 U.S. 433 (1939.)”

 

Except for Coleman in his “province of Congress” statement, Judge Coughenour therefore deliberately ignored any Supreme Court rulings favoring the position that the Government must obey the Constitution as originally intended obviously interpreting Coleman  as overturning these previous Supreme Court opinions. However Judge Coughenour did not state in his opinion he was nullifying these rulings.