General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThese are a few of my favorite things . . . From the 3rd Circuit decision.
Just because it is delicious:Related to my role of making sure my students don't become Giuliani wanna-bes:
I constantly tell my students not to do "ditto" analysis. No competent test-writer would craft a question that can be answered with the single word "ditto." A similar principle applies to claim drafting - it would generally be a waste of time, bordering on frivolous, to draft claims so identical that they can be disposed of by the word "ditto." Yet here is a federal court literally doing " ditto" analysis. That would be my way of saying Rudy and company are not competent. (A bit tongue-in-cheek, but I was tickled to find actual ditto analysis . . . )
Subtext: but this is so much fun, let us bash you some more:
You've got to be kidding:
Stop trying to turn s**t into gold:
Boom. States' rights. Hoisted on their own petard - and other variations of stop talking out of both sides of your mouth:
Bottom line (and my favorite):
The decision can be found here. All emphasis is my own, not the court's.
Hermit-The-Prog
(33,328 posts)The court even bypassed having the Ghoul talk about "normal" standard of review. Ha!
The cherry on top would have been the court citing Clara Peller, "Where's the beef?"
Ms. Toad
(34,062 posts)It was fun reading.
Incidentally, I use the where's the beef clip when my students draft conclusory analysis.
Hermit-The-Prog
(33,328 posts)SCO v IBM started in 2003 and summary judgment in IBM's favor came in 2016.
Do you leave your students to research "where's the beef" or do you tell them where it comes from?
USALiberal
(10,877 posts)yowzayowzayowza
(7,017 posts)Ms. Toad
(34,062 posts)Iggo
(47,549 posts)Thanks for the highlights.
Ms. Toad
(34,062 posts)Locutusofborg
(525 posts)You read it so that I didn't have to!
spooky3
(34,439 posts)ms liberty
(8,572 posts)A beautiful thing. Thanks for the exerpts!
Ms. Toad
(34,062 posts)I used to draft state appellate decisions, so I recognize a lot of the more subtle slams.
SunStar
(66 posts)the courts in and around Pennsylvania being Done with this idiocy.
Ms. Toad
(34,062 posts)Mr.Bill
(24,282 posts)means the right to carry a gun while voting.
Ms. Toad
(34,062 posts)bucolic_frolic
(43,128 posts)Outside those close margins, the state systems would have to find large bundles of errors, tampering with ballot totals or bundles, chain of custody issues, computer totals that didn't jive. These junk lawsuits from Trump Campaign are just frivolous.
We Democrats couldn't make anything of Trump's election margin in 2016. Were those counties crooked? Could anyone prove it? With evidence I mean.
There are things that don't make sense. Half of Democrats in Kentucky not voting for example. Moscow Mitch coasting to victory with a 20% approval rating for example. Is Trump is THERE looking for fairness? No? Gee, I wonder why not.
Thanks to OP for taking time for excerpts and emphases. That takes work and makes it easier for all of us.
Ms. Toad
(34,062 posts)Media (and people who don't have legal background) often get legal stuff wrong - and then, of course, it gets amplified. (The Supreme Court decisionon NY rules is not even close to how it is being portrayed, for example.)
But I enjoy picking them apart and agreeing (or disagreeing) with what the court says.
George II
(67,782 posts)Ms. Toad
(34,062 posts)grantcart
(53,061 posts)Primary sources material + topical + historically significant + witty observations quoting witty judicial repartee + Guiliani reductionism and general ridicule of all things Trump.
All that is missing is a quote from sacred literature demonstrating a straight line to a 4th century BC despot.
Thanks for the privilege of letting us see the details of a delicious judicial spanking.
Ms. Toad
(34,062 posts)Kaleva
(36,294 posts)It was fun to write - except that I almost gave up before I posted it, since I was working on my fire tablet . . . what pain to use a virtual keyboard to cut, paste, and rearrange.
Glad it was worth the effort!
Dark n Stormy Knight
(9,760 posts)Good to see competence and justice do exist.
On edit: This was the next OP I read. WTF?
https://www.democraticunderground.com/100214631504