- Nov 11, 2009
- 31,128
So, question for the lawyers out there in MDS-Land: In a situation like this where the panel judgement is inevitable, and both sides concurring which way it's going to go, can both parties just concurrently motion for summary judgement, get that, and move on to filing for Certiorari? That way nobody wastes their time and money on going through the pointless effort of presenting arguments at a hearing. Or does the panel want to pretend it hasn't already made its decision before opening arguments are heard?
IANAL, but I am a cynic.
Therefore, my suspicion is that they'll pretend they're actually deliberating, for show. Then we'll get the inevitable result. The Clinton/Obama judges will want to delay as long as possible, because they're hoping Justice Thomas will croak in the meantime (hopefully he will avoid hunting trips) so that President Jarrett will have the opportunity to nominate another Legislator in Black Robes.