Conclusions:
1. The Sec. of Treasury can violate all statutes with impunity, & no one can sue.
2. Even if you prove a constitutional violation in court, Congress stays any order in your favor PROVING A CONSTITUTIONAL VIOLATION until the secretary is done appealing -- or doesn't want the stay.
3. So, in effect, after you take a Constitutional whipping for months or years in appellate courts, and if you finally win in the trial court and the final court of appeal, you will get no money -- just an equitable order for the Secretary to stop violating your CONSTITUTIONAL rights (an equitable injunction).
4. But, even then, he can always keep on violating your statutory rights, forever.
As a practical matter, Congress is staying, or stopping actions even where constitutional violations are PROVEN. In fact, that's the ONLY time the stay in section 4 below applies, and only Constitutional claims are allowed.
Read more here.
Tuesday, September 30, 2008
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