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DELEGATE MOSERi No one can order anyone to do
this. It is simply a mandate. That is to say that there
is no legal way to do it. It is a mandate to them which
presumably would not be ignored, but I don't believe that
except if there were a violation of due process that this
could be enforced. We have had this question up many,
many times and it envisions more than a ministerial act
and therefore it would not be enforceable in that respect.
THE CHAIRMAN: Any other delegate desire to speak
in opposition? Delegate Sherbow.
DELEGATE SHERBOW: Will Delegate Moser yield
to a question?
THE CHAIRMAN: Delegate Moser, do you yield
to another question?
DELEGATE MOSER: With hesitation.
THE CHAIRMAN: Delegate Sherbow.
DELEGATE SHERBOWs In the event this amendment
is voted down and the Scanlan amendment remains and this
section is taken down, would not the Court of Appeals and
would not in the alternative the General Assembly have this
right anyway? |