July 8, 2010

Snark (and Shepherd) of the day

"A reference to horn book Civil Procedure does not cut it here."

I lol'd.

And take solace in the fact that even a former Supreme Court Justice and former Dean of the Marquette law school, Prof. Janine Geske, is similarly unsure as to the case's procedural posture at this point.

What one really needs to be skeptical of are Prof. Esenberg's conclusory pronouncements, not openminded contemplations of possible procedural alternatives going forward. (And I don't rely on any horn book for that view, as I've never owned one in my life.)

Prof. Esenberg, it's useful to recall, assisted in enabling Wisconsin Manufacturers & Commerce to wage its multi-million-dollar political campaign against Justice Louis Butler. WMC even named its campaign after one of Prof. Esenberg's Federalist Society memorandums, and Prof. Esenberg (and McIlheran) went to bat repeatedly for one of Louis Butler's most scurrilous attackers. As such, he's not exactly a disengaged academic observer.

And, thanks to that torrent of politically motivated B.S. raised against Justice Butler, the nomination of this principled, capable, and highly qualified judge to the federal district court flounders still among a gaggle of disingenuous Republican hacks in the U.S. Senate.

Gableman's "distasteful" escapades pale in comparison to that effect.

6 comments:

Rick Esenberg said...

Look, Tom, there is a specific statute that governs whether a jury can be requested. You can't discuss the issue of whether there can be a jury trial without addressing it. When you do, it turns out that Patrick has a point.

I invite your readers to read my rather detailed (perhaps overly so for a blog) at Shark and Shepherd. If you disagree, I'd look forward to a similarly detailed explanation.

illusory tenant said...

Look, Tom, there is a specific statute that governs whether a jury can be requested.

Good grief, I know that.

You can't discuss the issue of whether there can be a jury trial without addressing it.

No kidding. Which is why I did.

Yes, I'll read your blog.

Anonymous said...

"You can't discuss the issue of whether there can be a jury trial without addressing it."

Just a thought, but wouldn't an advisory jury resolve the procedural knot?

The court on its own initiative may order an advisory jury under Wis. Stat. 805.02.

John Foust said...

I don't feel healed yet. I thought it was supposed to be a time for healing. And more campaign contributions. The battle isn't over. WMC needs a stronger majority on the Court. Heavens, someone could die, and then they wouldn't have a majority.

illusory tenant said...

Consider yourself fully healed.

John Foust said...

Nope. I tried applying it to the afflicted areas, but my butt and my brain still hurt.