The ACCG has requested the entire Fourth Circuit Court of Appeals to rehear the dismissal of its case testing regulations imposing import restrictions on historical coins of the sort widely traded worldwide. The ACCG has argued that the panel’s decision ignores Supreme Court precedent, case law in sister circuits, and the “plain meaning” rule. Specifically, the ACCG states that the panel: (1) failed to consider the U.S. Supreme Court’s test for determining if “foreign policy” concerns trump the judiciary’s obligation “to say what the law is;” (2) adopted a version of judicial review far narrower than that afforded in sister federal appellate courts; and (3) wrongly assumed that CPAC approved of the Government’s decision imposing restrictions on coins based on their place of production rather than their find spot despite the sworn statement of Jay Kislak, CPAC former Chairman, that was previously brought to the trial court’s attention.
Tuesday, November 13, 2012
ACCG Files Petition for Rehearing
Posted by Cultural Property Observer at 12:23 PM
Labels: ACCG, bureacracy, coins, CPAC, Import Restrictions, State Department, US Customs
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