"In sum, when all the facts are examined, I do not have a favorite 'horse in this race,'" Justice Prosser wrote.How can he say that, because all of the facts are yet to be examined.
Indeed the court today issued an order requesting the parties to produce memoranda addressing ten separate questions, each of which is loaded up with factual determinations. Justice Prosser did not participate in that order, which may be an indication that he won't be present when the court hears oral arguments after lunch on Tuesday, September 6.*
Previously, an aide to Prosser had said the justice would remain on the case.That would be Brian Nemoir,** Prosser's "campaign director." Why in the world does a sitting Supreme Court justice have a campaign director?
Back in the day, the judiciary was distinguished from the other two "political branches" of government. That is no longer the case, evidently.
Anyway why are they just getting around to dealing with this now? Was I the only one who noticed these cozy relationships four months ago?
That can't be possible. Great idea, this electing the Supreme Court.
Maybe it was in Andrew Jackson's time.
* Or what is more likely, the court dismisses this case altogether.
** For it was he.