Author Archives: Amy Farr Robertson

Unknown's avatar

About Amy Farr Robertson

Civil Rights Lawyer. Dog Lover. Smartass.

Dog seasons

Snow!

Rolling in snow!

Dog park with snow.

Did I mention snow?

Rolling in mud thinly disguised as snow.

Dog park with lakes.

Shaking off lake water in the van.

Smelling like lake water for days.

Pooping in the tall grass.

Watching human searching for poop in the tall grass.

Basking in the sun.

Basking in the shade.

Supervising the grill.

Long walks.

“Cold” and “dark” increasingly used as human excuses to skip the morning run.

Poop hard to distinguish from grass when scooping in the dark.

Poop easier to distinguish on snow when scooping in the dark.

Thanksgiving clean-up.

Posing for holiday card.

Snow!

Civ Pro Gone Evil

This week I’m being Carrie’s associate.  She gave me a fascinating topic to research:  Can the doctor who involuntarily sterilized her client, a woman with developmental disabilities, argue that the statute he violated is unconstitutional because it infringes the privacy rights of … women with developmental disabilities.  I believe this is covered by the con law doctrine of chutzpah.

Anyway, in researching this, I have had more WTF moments than in most projects.   For example, I came across these two stunning examples of Civ Pro Gone Evil and thought I’d share.  (Squibs are from Westlaw; don’t blame me for the retro language.)

Lake v. Arnold, 232 F.3d 360 (3d Cir. 2000): Mentally retarded woman’s Pennsylvania claims challenging allegedly nonconsensual sterilization accrued under Pennsylvania’s two-year statute of limitations for personal injury suits when she was sterilized in 1977, notwithstanding that she was 16 years old and mentally retarded when sterilization occurred, and that any suit that could have been brought at that time would have been brought by her father and step-mother, who had arranged for sterilization to be performed.

Stump v. Sparkman, 435 U.S. 349 (1978): Woman, who had been sterilized by order of Indiana circuit court when she was 15 years old, and her husband brought civil rights action against her mother, her mother’s attorney, the medical practitioners who performed the sterilization and judge who ordered it. … The Supreme Court, Mr. Justice White, held that: … (2) neither the procedural errors the judge may have committed nor the lack of a specific statute authorizing his approval of the petition in question rendered him liable in damages, and (3) because the judge who performed the type of act normally performed only by judges and because he did so in his capacity as a circuit court judge, the informality with which he proceeded did not render his action “nonjudicial” for purposes of depriving him of his absolute immunity.

*****

Update:  Susan Greene’s excellent column about the case here.

I’ve found my comrades: Right 2 Dry!

In last week’s episode, I was hoping to start a movement around my random housekeeping activities.  Since I’m a neurotic middle-class white person, I urged the NYT Magazine to devote a trend article to my decision to hang up my laundry.  With binder clips.  Turns out:  it’s already a movement. And I totally love their logo:

I asked WordPress to make the image as large as possible, so you could all see the eagle-eyed eagle firmly grasping a clothesline full of undies.  Their site actually contains this sentence:  “Line-drying is patriotic.”   Comrades!

The reason it’s a movement is the source of deep regret for me, however.  Turns out many homeowners associations don’t permit line-drying, providing further evidence that HOAs are not only cleverly disguised agents of Satan, but unpatriotic to boot.*  My regret is that my laundry hangs incognito in my basement, without the ability to piss off anyone, much less an HOA.  Perhaps I should take photos of it and hang them up around my yard. . . .

*If I’m ever involved in litigation with an HOA and opposing counsel tries to admit this statement into evidence, remember:  it’s called “hyperbole.”  Even if it were admissible, it would only be admissible for the proposition that opposing counsel has no sense of humor.

Cryopastavore

So it turns out “femivore” is neither a misogynistic zombie movie nor lesbian porn. No – just another example of middle class white people doing random things and calling it a movement.

As the New York Times Magazine article explained, femivores are “are stay-at-home moms, highly educated women who left the work force to care for kith and kin.”* Apparently bereft of things to obsess about at work — and finding ordinary shopping and cooking too mundane — femivores raise their own fruits, vegetables, and livestock, make their own soap, and otherwise imitate our frontier foremothers, only with “a green political agenda” rather than a desperate need to feed and clothe the family before winter comes to the plains.

The movement “has provided an unexpected out from the feminist predicament, a way for women to embrace homemaking without becoming Betty Draper.”** In other words, you quit your professional job because your husband makes enough money, but you don’t want to feel like your mother, so you overthink the role of housewife and decide to raise and kill your own chickens. Then, just to be certain no one confuses you with Mrs. Brady — or with women who actually work, and have to work, on actual farms — you slap a name on it: Femivore.

Now, it’s true that my friend Carrie — who emphatically does *not* fall into the navel-gazing demographic at the focus of the NYT Magazine article — also started raising chickens and ducks. But I’m convinced she did this primarily for the opportunity to name them “Sesame,” “Soup” and “Enchilada.” The opportunity to appear in Chicken Court to defend her fowl was also, I think, appealing. It was, alas, unsuccessful, as the learned judge in Windsor, Colorado had evidently not kept up with the latest trends in the Times Mag.

Being a femivore is the next step after becoming a locavore — the movement designed to persuade us to buy things grown locally at farmer’s markets (good) and to make us feel guilty about buying yummy or convenient things that were transported to our favorite chain grocery store in plastic and on trucks (bad). But if I didn’t eat yummy convenient things that the nice people at Safeway truck to me in plastic, I’d starve. And because I’m a highly educated middle class white person who can overthink with the best of them, I’d like the NYT Magazine to turn my food habits into a movement, complete with a name. Herewith a couple of suggestions.

Cryopastavore. Mostly what I eat is frozen pasta. You’d be amazed the different things you can do with tortellini. Although God knows they’re not paying for advertising, I can seriously say that this blog is made possible by the Buitoni company. And Equal Exchange (I’m also a “cafavore”). And New Belgium (Locabev? It’s a Colorado brewery, get it? No? OK, never mind.)

Extradomavore: That was my attempt at a Latin-derived term for “orders out all the damn time.” I know how to cook approximately three things besides frozen pasta, and all of my friends have had all three dishes multiple times. My mother’s advice was, it’s easier to get new friends than to learn to cook new dishes. Rather than ditching my friends, I’ve been lucky enough to hang with folks who like eating out, carrying out, and — bless them! — taking over my kitchen and making awesome things from utensils I didn’t even know I had. So maybe I’m an . . .

Amicavore: Eating the cooking of my amazingly talented friends. You know who you are. Come back. Soon. I promise to buy new utensils.

None of these movements lets me feel holier than anyone, though, as femivores clearly feel holier than cryopastavores. There is only one thing I do around the house that makes me feel holier than anyone else: I hang up my laundry. (I have to ask my paralegal for the Latin term for that.) It’s really a perfect movement for klutzes like me: it requires no talent or special equipment. I guess I should have checked to see if Restoration Hardware had the perfect matched set of clothespins, but being primarily a law nerd (we need a movement too!), I have been hanging up my socks with … binder clips!

Now I just have to get the NYT Mag to write about it. Hey! Over here! A white person doing something totally mundane! Call the story editor!

*******************

*Does the NYT Magazine have some sort of cliche guidelines? Where do they get prose like that?

** Seriously, where?

More on the Islamic Community Center – a response to a conservative friend

A friend who is also a lawyer wrote this challenging question:  do I think that everyone who is uncomfortable with the mosque/community center is racist or Islamophobic.  Since my draft answer ended up being sort of long-winded, I figured I’d just post it.

Dear Friend –

Thanks for challenging me.  I like that — our views are meant to be challenged.  The answer is:  I think folks may be uncomfortable with the community center for a large variety of reasons, many deeply personal, many non-racist.  As I mentioned in a previous post, my father died in an ICU in Orlando and I haven’t been willing to visit Florida in the 13 years since.  It’s painful and it’s irrational, but I get it.

While there are many personal reasons for differing reactions to the proposed community center, I think the people who are getting loud about it are largely political opportunists, with a smattering of bigots and Islamophobes.

We’re both trained as lawyers, which means we know how to cross examine and impeach a witness.  Does an answer make sense?  Is it consistent with the witness’s other answers?  Here is what I see with respect to this current manufactured controversy:

  • The Imam we are now supposed to suspect was sent by the Bush administration to promote religious tolerance around the world.
  • The area near but not in Ground Zero has never before been hallowed.  There is an existing mosque almost as close, as well as a large number of random, un-holy uses:  a strip club; stores; restaurants; etc.
  • The other 9/11 site — the Pentagon — contains a mosque.  No one cares.
  • No one has previously had much respect for the feelings of victims of tragedies.  When the NRA hosted its convention in Denver after the Columbine massacre, it was the right wingers standing up for their constitutional right to do that, and explaining that the depraved actions of two boys could not be blamed on a larger group with whom they claimed affinity, that the pain of the Columbine families should not dictate where they held their convention.  No one cares that there is still a gun store a mile from the high school.   No one cares that there are Christian churches near the Murrah Building in Oklahoma City.
  • Those who question the presence of Saudi money do not seem to have a problem that the same Saudi guy owns a big chunk of News Corp, Fox’s parent company.  If it’s bad for the Saudis to hurt our feelings architecturally, isn’t it worse for them to have the power to blast propaganda into our living rooms?  And the people who are now complaining about the mosque never raised their voices about the Bush family’s close ties to these same people, and the fact that they were all secretly flown out of the country when the non-Saudi Americans were grounded and grieving.

None of the reasons we are hearing for the anger being directed at the community center holds up to cross-examination.  That doesn’t make the objectors racists; it makes them opportunists.  When the political identities were different (the Bush administration; NRA; Christian churches) there was no objection.  When Sarah Palin hadn’t yet tweeted about it, there was no objection.  That’s not racist, it’s political.

But another thing we lawyers are trained to do is to work with hypotheticals.  So let’s take the hypothetical that you’re right, that this building is being built with evil intent and dirty money.  I think by protesting we are missing an enormous opportunity, the opportunity that is being seized so eloquently by Michael Bloomberg, the opportunity that your examples of European bigotry cry out for.  WE’RE BETTER THAN THEY ARE.  This is our chance to say to the world:   We can choose tolerance.  We can embrace this community center.  We can DEFINE this community center.  It will become part of OUR message,  not some intuited message of Moorish victory.  And note, we have not heard from Al Qaeda that this is a “memorial to victory.”  The only people saying that are Americans!  We are shouting from the rooftops the precise message we profess to fear.

What if, from the beginning, we had all embraced the community center in the name of American patriotism.  It would crush any alternative meaning.  (Candidly, I keep imaging America as the Whos Down in Whoville, holding hands and singing songs, with the evil terrorist Grinch looking down from his perch, disappointed that he could not steal the true spirit of Christmas.)

When the world looks at us, do you want them to see the whiners on Fox and the screamers at Ground Zero?  Or do you want them to see Michael Bloomberg saying:

Just as we fought communism by showing the world the power of free markets and free elections, so must we fight terrorism by showing the world the power of religious freedom and cultural tolerance. Freedom and tolerance will always defeat tyranny and terrorism – and that’s the great lesson of the 20th century, and we must not abandon it here in the 21st.

I encourage you to read his whole speech. And I challenge you not to burst with pride and patriotism when you do.  But you also ask that moderate Muslims denounce terrorism.  Many have, over and over.  Here is what Imam Rauf had to say at a memorial to Daniel Pearl, who died at the hands of terrorists.  It is generally a very moving tribute to religious harmony.  But specifically, he said:

We are here especially to seek your forgiveness and of your family for what has been done in the name of Islam.

My views on how we should respond to this come from a deep pride in our country and a conviction that we are better than the rest of the world.  We are a nation of immigrants.  It’s our strength.  We are a nation of people who can disagree with each other and live side by side. There’s no synagogue in Mecca because WE’RE BETTER THAN THEY ARE.  Do the people making that comparison really want to measure our religious tolerance against that of the Saudis?

The common ground I hope we can find is that, while some people regard the community center as benign and others as suspicious, we all agree that “Freedom and tolerance will always defeat tyranny and terrorism – and that’s the great lesson of the 20th century, and we must not abandon it here in the 21st.”

I hope you don’t mind that I blogged in response to your question.  Please feel free to use the comments to tell me how full of shit I am!

Your Friend,

Amy

We Did Not Build this Country on Sensitivities

I’m becoming a huge fan of Michael Bloomberg. He has the brains to understand our constitution, the balls to support it even when it’s complicated or hurtful, and the words to explain to the rest of us that

if we say that a mosque or a community center should not be built near the perimeter of the World Trade Center site, we would compromise our commitment to fighting terror with freedom. We would undercut the values and principles that so many heroes died protecting.

Amen. Read the whole thing.

The Muslim-community-center-somewhere-in-lower-Manhattan-just-around-the-corner-from-the strip-club-and-BBQ-joint controversy is quickly becoming one of my favorites of all time, and not only because I’m having so much fun reading Bloomberg’s latest rhetorical demolition of the chickenshits who would enshrine fear and prejudice so close to the site where our enemies tried send the very same message.

No, this one rocks — with apologies to the unfortunate African-American construction worker who got heckled for simply being Black in the vicinity of Ground Zero — because it is so rife with right-wing hypocrisy.

For example, one of the righties’ new talking points is that they’re not prejudiced (no! no!), they’re just questioning the source of the money. You know, it comes from that Arab guy, the one who, oops, owns a large chunk of News Corp, and hangs out with the Bush family.

OK, yes, I get my news from the Daily Show. Laughing at the news is the only way it’s bearable these days. But I challenge any mosque-fearing righties to explain why Saudi money is scary when it’s funding a community center but not when it owns a big piece of a major right-wing propaganda machine.

I’m also loving the fact that my gun-shop-near-Columbine example turned out to to be not only snarky but (almost) TRUE!! The NRA was asked to move its convention from Denver the year after Columbine based on (wait for it) sensitivities. Charlton Heston explained, correctly, that “American must stop this predictable pattern of reaction.”  (It’s at the 7:24ish mark, though Jon Stewart is pretty funny, t0o.)  We can’t blame the NRA for the acts of two disturbed kids, and we can’t blame an entire religion for the acts of thugs who profess its beliefs. And most of all, we can’t compromise our laws and values in the name of sensitivities.  We are tougher than that. We did not become a beacon to the rest of the world by whining every time someone did something that hurt someone’s feelings.

Update: No longer funny. “A city cab driver is in the hospital after being stabbed by a passenger who allegedly asked if he was Muslim, police tell NY1.” It’s a pogrom. Suck on that, Abe Fucking Foxman.

Update 2:  This appeared on the Facebook page of someone I don’t even know, but I thought it was cool.  After subjecting the question to quantitative analysis, the clear conclusion is:  Get A Grip!


Red Hook Road (with spoilers) and Parents with Disabilities.

Ayelet Waldman’s new novel, Red Hook Road, rang true and pissed me off at the same time. Given that she’s also a terrific storyteller, I guess that’s the definition of a good read. But I’m not sure the author even knows that she really stepped in it with respect to parents with disabilities.

The novel revolves around two families in Maine — one “local,” the other “summer people” — over the course of four summers. The protagonists are the Summer People mother-of-the-bride and the Local People mother-of-the-groom in the wedding that opens the book. Clearly one of the things that Waldman is wrestling with is the Local/Summer dichotomy. I think she gets that right, though I’m more Summer than Local. Interestingly, her Summer People are Jewish, while my Summer-People experience was as a half-Jewish kid in an enclave of WASPs. If you think I need more blog therapy about that, YOU’RE RIGHT! But not today.

So Waldman’s focus is the Local/Summer relationship, which I tend to think of in my judgmental way as sort of colonial: the Summer People bring necessary dollars and an appalling set of class distinctions to the Local community. But as with most things, it’s more subtle than I’m generally willing to expend the effort to understand. And I think Waldman goes a long way toward expending that effort. She also appears to credibly inhabit the head of the Local mother, though she has said elsewhere that her experience is as a Summer Person.

For all her sensitivity to the Local side of the equation, I was intrigued and pissed off by the way she portrayed the ultimately successful campaign of the Summer family to convince the Local family to permit Samantha — their adopted Cambodian niece and a violin prodigy — to live in New York. Given how hard she was working to balance Local vs. Summer, I kept expecting Local family ties to prevail over the pull of musical excellence. Was it easier to let New York prevail because Samantha had by definition already been uprooted from her birth country? Was it a determination to frustrate the reader’s expectation that family would prevail? Either way, Iris, the Summer mother who leads the campaign to bring Samantha to New York, has to work hard to convince the Local family that life in that city will be better for her — against the explicit objections of the Local mother (Samantha’s aunt) that family is more important. Yet the transition to New York from rural Maine is portrayed as cost-free to Samantha, who is simply thrilled to develop her musical gift and meet other Asian kids in the mix. “[Y]ears later, after she’d graduated from Juilliard, . . . Bach’s Partita no. 2 in D Minor became a staple of her own repertoire, and the basis of her first solo recording.” Without elaboration, we learn that the move is all good — for her and for the musical world.

This touches too glancingly I think on what it means to take a kid from her birth family and raise her somewhere that is judged to be better for her. It is interesting that Samantha has, by definition, been the object of two such decisions: to adopt her from Cambodia; and then to take her from Maine to New York. But I want to talk about another taking that I’m guessing Waldman had no idea she stumbled into: the fact that the last stop on Iris’s campaign of persuasion is with the Cambodian girl’s mother, Connie, a woman with a mental illness who “had been in and out of the psychiatric hospital.” Iris’s pitch centers around the girl’s incredible talent and the vast musical opportunities that she will have in New York that she could not possibly have in Maine. But — in what I perceived as a Local vs. Summer get-out-of-jail-free card — Waldman has Connie hand over Samantha to Iris with this blessing: “I have failed that girl. . . . . I took her in, I made her mine, and then I started to do her damage almost right away.” Iris objects: “You haven’t damaged her.” Connie: “But she will be if I keep her. She’s got a gift, and she deserves to be surrounded by people who understand how good she is. I owe it to her to give her to you.”

As a good liberal, Waldman would likely be aware of the appalling history of, say, Native American adoption — a history in which the state forcibly took Native America children from their families and placed them with white families in the name of providing a “better” upbringing. This program later came to be recognized as misguided and led to the passage of the Indian Child Welfare Act.

But she appears unaware of the fact that the state still forcibly takes children from parents with disabilities. As recently as last month, authorities in Missouri placed a newborn in foster care because her parents were blind.  A few years ago, Montana authorities investigated the ability of one quadriplegic mother to care for her child while the boyfriend of another, in Illinois, sued for full custody on the theory that she could not care for her child.

My friend Carrie Lucas has established a program called Center for Rights of Parents with Disabilities to tackle these and other issues stemming from the stereotype that people with disabilities can’t be good parents and to help such parents find the community support they need.  The links above show that this is by no means simple territory to write about.  My beef with Waldman is not that she portrayed Samantha’s mother as having a mental illness, but that she so blithely assumed it justified taking her kid. I predict she would not, in this day and age, have a Native American mom tell a white woman, essentially, “I’ve failed her; you take her.”  But that’s precisely what she did with a mom with a disability.

Extra bonus stepping-in-it:  Waldman’s evident ignorance of the independent living movement.  Connie says, of being institutionalized:  “You know why I like it here so much?  . . It’s an asylum.”  Her daughter corrects her:  “It’s a mental health institute . . .” not an asylum.  Connie:  “No, they don’t call it that no more.  But that’s what it is.  An asylum.  A place of refuge, like.  A sanctuary.  It’s a good word, asylum.  I wish people didn’t mind using it.  Most of us could use an asylum sometimes.  A refuge from the world.”    Um, no, but that’s another column entirely.

Office Dog Soccer

One of the advantages of having both office dogs and a long narrow office:  Dog Soccer.   In Dog Soccer, I try to get the ball all the way to the crates at the far end of the office, while Saguaro plays goalie, trying to prevent this.  As you can see, I often cheat and use my hands; either way, I score only very rarely.  He’s incredibly fast and completely tennis-ball-obsessed.

Law?  Oh, right.  Yeah, we find time for that, too.

And only one dog plays Dog Soccer.  The other helpfully holds down the carpet.

More on the proposed Islamic Center

Couple more thoughts on the Islamic center being built near the site of the 9/11 attacks. We can understand the emotions without letting them dictate policy.  And just asking: how many of the righties who would like emotions to dictate policy have, under other circumstances, have cried “oooo noooo! political correctness!” when asked to consider others’ feelings in so simple a thing as their choice of words.

First, I thought this passage below was one of the best analogies I’ve read. Now, I don’t want to discount my gun-shop-near-Columbine-High-School analogy for its sheer smart-ass irritation value.  But the analogy below is much more subtle and well-thought-out. Conor Friedersdorf — a fairly conservative guy – writing in Andrew Sullivan’s Daily Dish:

Imagine a suburban street where three kids in a single family were molested by a Catholic priest, who was subsequently transferred by the archbishop to a faraway parish, and never prosecuted. Nine years later, a devout Catholic woman who lives five or six doors down decides that she’s going to start a prayer group for orthodox Catholics — they’ll meet once a week in her living room, and occasionally a local priest, recently graduated from a far away seminary, will attend.

Even if we believe that it is irrational for the mother of the molested kids to be upset by this prayer group on her street, it’s easy enough to understand her reaction. Had she joined an activist group critical of the Catholic Church in the aftermath of the molestation, it’s easy to imagine that group backing the mother. As evident is the fact that the devout Catholic woman isn’t culpable for molestations in the Catholic church — in fact, even though we understand why her prayer group upsets the neighbor, it is perfectly plausible that the prayer group organizers never imagined that their plan would be upsetting or controversial. In their minds (and in fact), they’re as opposed to child molestation as anyone, and it’s easy to see why they’d be offended by any implication to the contrary.

Presented with that situation, how should the other people on the street react? Should they try to get city officials to prevent the prayer meetings from happening because they perhaps violate some technicality in the neighborhood zoning laws? Should they hold press conferences denouncing the devout woman? Should they investigate the priest who plans to attend? What if he once said, “Child molestation is a terrible sin, it is always wrong, and I am working to prevent it from ever happening again. I feel compelled to add that America’s over-sexualized culture is an accessory to this crime.” Does that change anything?

Emotionally, we understand where the mom of the molested kids is coming from, just as we understand how the families who lost relatives in the WTC bombings may be feeling.  Hell, my father died in an ICU in Orlando and I’ve basically been unwilling to return to the entire state of Florida for 13 years. I get the trauma of profoundly negative associations. But I also get that they’re irrational: I would not purport to dictate public policy or even private real estate decisions based on my own trauma avoidance emotions.  And nothing justifies a bunch of politicians who — on all other issues — don’t give a rat’s ass about New Yorkers suddenly placing the emotions of those elite east coast city dwellers at the top of their list of concerns.

But I’m also wondering — not enough to do any actual research — how many of the righties who are milking this situation for political gain are at the same time opposed to hate speech laws or campus codes? Remember:  “political correctness” is an epithet of the right, meant to disparage the over-reliance on feelings in judging speech.  Now for what it’s worth, I’m very much opposed to hate speech laws and campus codes, for largely the same reasons I have no problem with the proposed Islamic center: our emotions cannot be permitted to curtail others’ First Amendment rights. But you can’t ask the City of New York to ban or move the Islamic center for emotional reasons while trumpeting the efforts of right wing students, for example, to offend minority groups on campus. (Again, of course, I’m in favor of offending everyone — that’s why I started this blog.)

Stupid Lawyer Tricks – Episode One: Defensive Much?

Lawyers get a lot of shit.  Plaintiffs’ lawyers get even more shit.  We’re litigious. We’re greedy.  We bring frivolous cases — piping hot cup of McDonald’s coffee anyone?*   We prolong our cases to run up the fees.  Etc. Etc.  Defense counsel on one of our cases once told me he hated that settlements were “annuities for plaintiffs’ lawyers.”  But this same guy has dragged the case into its 8th year — long after we got a partial judgment in our favor — making the same arguments he’s lost before and happily billing his client by the hour along the way.   Eventually, his greed will be our annuity!

The truth is, plaintiffs’ lawyers work on contingency.  We have to select meritorious cases; otherwise, we’d starve.  And we have every incentive to litigate them quickly and efficiently, or we’d run out of money.  Defense lawyers get paid win or lose.  And they get paid by the hour, so they earn more the longer the case goes on and the more motions they file.  Now who has the incentive to raise frivolous defenses and file unnecessary motions?

So I thought I’d take this space from time to time to post examples of the silliness we encounter in some of our cases.  Not facts or law I disagree with — that’s what the profession is all about.  Two sides have a dispute and their lawyers craft legal and factual arguments to help the judge or jury decide who’s right.  No, what I’m talking about is the sort of baloney that gives lawyers a bad name.  Well, for example:

The defendants in one of our cases filed a motion to strike one of our exhibits for lack of authenticity, forgetting that it was authenticated by their own expert.  Even better, the exhibit is a 42-page report from the Department of Justice detailing their expert’s constitutional violations, so we get to use our opposition brief to rehash this guy’s, um, more stellar qualities as an expert.

The same defendants filed a motion to strike our expert for lack of qualification, and submitted to the court a version of her report that omitted her qualifications.

Same guys again.  We discovered a clerical error in one of the exhibits to our brief — we had accidentally**  attached the wrong photos.  Before filing the substitute exhibit, we made a courtesy call to the defendant’s attorney.  In 20 years of practice I have never objected to or received an objection to something so routine.   She objected.  And today we got her . . . wait for it  . . . motion for a two-week extension to draft their brief in opposition to our request to correct a clerical error.  She needs two more weeks?  To write a brief?  To oppose the submission of the correct photos.  Photos taken by the defendant and provided to us.

Maybe all this is too law-nerdy, but honestly that’s like composing a 30 minute oration on why the person with only a loaf of bread should not be permitted to cut in the grocery line.

Too law-nerdy, but, as always, very therapeutic to write.  Thanks for listening!!

****

* For a total debunking of this canard, click here.

**  Things got a bit, ah, hectic around the filing of this particular brief, leading to this Facebook update the day after:  Things I heard the day the brief was due: (1) I thought you were drafting that section (noon); (2) My computer won’t save any of my edits (7:30 pm); (3) Hold on, I just puked in my keyboard (10:30 pm).