Tuesday, December 02, 2003
Back in October I got to be a judge at UB's Moot Court competition, which used the Davey case this year. From Dahlia Lithwick's description of today's argument, I'd say that the students and the judges that I was in the room with had more or less the same handle on the issues presented as the Supremes, Jay Sekulow, and Washington State Solicitor General Narda Pierce. Which is not to say that any of us in O'Brien Hall were so brilliant-- perhaps some were, but the real bottom line is that this is the sort of tough question that all good lawyers enjoy kicking around, but only the Supreme Court has to actually wrestle to the ground. I don't envy them the task-- for whatever it is worth, my inclination is to say that The Reverend Davey should get the scholarship, but I hate the idea, I hate him, and I hate myself for not being able to see a way out of giving it to him. I reckon that's how it will come down, but I see nothing but problems coming out of the decision that sustains the Ninth Circuit. Perhaps that's my consolation-- between this, and the Pledge case, the Ninth Circuit may get to be like Lincoln's clock, and be right twice.
// posted by Bill @ 10:17 PM 
Post a Comment