Not at all. The gold weight was apparently right, one is already legalized, it is still debatable whether or not something was actually stolen. A far bigger concern would be their ability to just circumvent confiscation laws by claiming that without having to prove it. That won't even get into the fact that there are numerous patterns ect that should be deemed illegal if we apply the logic applied here. It's really not as cut and dry as it is made out to be and at this point the coins don't matter to most people, but the application of the laws cited can end up being a real issue I am which is generally more of an issue for persecuting someone.
One of the findings of the trial court, WHICH IS NOT UNDER APPEAL, is that the coins WERE INDEED STOLEN. Have you actually READ anything in this case, or are you just advocating from an ideological standpoint? By the way, SCOTUSblog just posted "Petitions to Watch" for today's conference, and the Langbord case is NOT one.
Not everything can be appealed anyway, but I have enough issues with the procedures that I put no weight into any of the findings. Well hopefully they're wrong about that one.
Luckily for the legal system, the amount of weight YOU do or do not put into something counts for precisely bupkis.
Same goes for yours. If you really want to get technical about it when it comes to the legal system there are only 9 people's opinions who actually matter with federal law.
I'm the one who wrote why the three-judge opinion written by Midge Rendell was wrong even before the en banc rehearing was even granted. It wasn't that tough; the dissent was the more scholarly opinion. The en banc court turned a 2-1 decision in favor of the Langbords to an 8-3 against them.
So? You aren't a judge or more specifically a supreme court judge who has the final say. Lots of people write their opinions, some are right others are wrong, in the end none actually mattered as only one ends up being the final opinion
... which will be the one we already have from the en banc Third Circuit. Unlike the band of "clowns" on the "Ninth Circus", the Third Circuit is VERY rarely the target of certiorari, much less reversal. In reality, due to the "cert pool", the practical power in granting certiorari is in the hands of the Justices' law clerks. They do the heavy lifting of deciding what even gets seriously considered.
9th just goes off the deep end far to much. Sadly it probably will get rejected, it's just not enough of an attention grabber. I bet you the key issue at hand though will end up getting heard at some point in a different case though with the expansion the last opinion did to it
You're right about two possibilities: 1) This might cause the Treasury Dept. to go after more pieces harder, hence overplaying their hand. (They will argue that they only do that for stuff they've always tried to get back.) 2) Patterns may be the next frontier. I suspect a hard-wall date when patterns getting out started being strictly verboten will need to be established. Anything older will be okay. Newer, nope. I know a guy who's working on the new "nickel" alloy. They're paranoid about even letting test strikes out of the Mint. All he gets to take is photographs... and post-punch webbing.
Face facts. If a coin is swiped out of the Mint, it remains stolen property no matter who possesses it or for how long. And legally, stolen property remains the legal property of whoever or whatever person or entity it was swiped from. I bet that is in Law School 101.
Technically could include errors too. It'd be a much harder sell to go after things that have openly traded for decades but never know when someone will try and make a career out of it. Which is what my initial problem with this case was, 0 consistency. The same arguments apply to countless other numismatic things yet nothing. It'll be heard at some point if this isn't, just likely won't involve coins