"Let me tell you this from the perspective of someone who litigates cases regularly in the Supreme Court of the United States. I'm involved in three three cases at the Court this Term, and believe me: I want Harriet Meirs up there voting on these critical cases."Eric Muller is very outraged at Sekulow and the White House. But Sekulow clearly states that he doesn't know for sure how Miers will vote. And I note his probable, though unspoken, preference to be free of O'Connor's vote.
October 7, 2005
The lingering Justice O'Connor.
What is the effect of Justice O'Connor's continuing on the Court this term? What of all those lawyers who have shaped their arguments specifically to appeal to her way of thinking, whose briefs are already filed? And what of the lawyers who've considered or who are considering doing that, without knowing whether she'll be there to decide the case or not? Then there's the particular case of Jay Sekulow, director of the American Center for Law and Justice, who said, in a White House sponsored conference call pushing the Miers nomination:
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5 comments:
This has nothing to do with the post, but I must ask: what happened to the usual Apprentice commentary?
Good question. I did watch both shows...
Were I arguing a case before the Supreme Court that I thought likely to win I would prefer not to have O'Connor on the court, the opposite were I likely to lose.
The problem is her unpredictability. It not only would be difficult to predict how she would come out, it would be difficult to predict the argument that would appeal to her.
But those are awfully fine points that would take a very skillful lawyer far more knowledgeable than I to wisely use.
Brendan,
Ruth Bader Ginsberg.
"What of all those lawyers who have shaped their arguments specifically to appeal to her way of thinking, whose briefs are already filed?"
This seems like a strategy lawyers should deprived of. Why not increase the number of Supreme Court justices and draw a panel of nine, by lottery, for every case that gets cert. No telling who the justices are until after the briefs have been filed.
Today's login word is "Ayrkkf"! That's just how I feel.
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