tag:blogger.com,1999:blog-2506514005426983269.post1036725740300998872..comments2023-10-28T08:02:44.565-05:00Comments on illusory tenant: Closing statement on Fitz Van Walker arroganceillusory tenanthttp://www.blogger.com/profile/08524761974822871419noreply@blogger.comBlogger12125tag:blogger.com,1999:blog-2506514005426983269.post-9934946476634040792011-03-31T13:14:37.410-05:002011-03-31T13:14:37.410-05:00Feel free to elaborate.Feel free to elaborate.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-34443440994588401912011-03-31T13:07:15.747-05:002011-03-31T13:07:15.747-05:00The disasterous handling of this case seems to chi...The disasterous handling of this case seems to chiefly be the fault of Judge Sumi rather than that of either counsel.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-77285532361160257942011-03-31T08:22:46.673-05:002011-03-31T08:22:46.673-05:00"Does Sumi believe men make their own laws or..."Does Sumi believe men make their own laws or not"<br /><br />LOL. Sounds oddly like a deodorant commercial.gnarlytrombonenoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-68760146133525479202011-03-31T07:04:13.942-05:002011-03-31T07:04:13.942-05:00Jason, short answer, Esenberg's horses have sa...Jason, short answer, Esenberg's horses have sadly all left the barn. The landscape is substantively altered since <i>Goodland</i> for several reasons, most importantly the OML, which expressly authorizes the DA to seek injunctions, expressly refers directly to the constitution, expressly requires the legislature to comply with the OML "to the fullest extent" (the AAG admitted in court March 18 there was "maybe" only 1h and 57m notice of the committee meeting given), and expressly directs courts that the OML's statutory framework is to be "liberally construed." <br /><br />These are far more important considerations for Judge Sumi than <i>Goodland</i>, another point the AAG conceded on March 18, when she announced that the judge was "absolutely correct" to accord greater weight to the foregoing express legislative commands <i>than to accept the AAG's own argument</i> that the court was barred from "intermeddling" in the legislature's procedural minutiae (and this is clearly not merely procedural minutiae the Bros. Fitz were tinkering with here).<br /><br />Esenberg should instead go chase and lasso the horse that is the AG's office's disastrous handing of this case, which the AG all but forfeited on March 18. That's why Judge Sumi issued the TRO. She pretty much had no other choice, given the totality of circumstances.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-42456750572282973272011-03-30T19:01:47.867-05:002011-03-30T19:01:47.867-05:00What was the Sartre bit? Hell is other people'...What was the Sartre bit? Hell is other people's blogs?<br /><br />Since you mentioned him, how Holmes-like is Sumi anyway? Once we get past the TRO sideshow are we going to get more general proposition or concrete case? Does Sumi believe men make their own laws or not?Jeremy R. Shownhttps://www.blogger.com/profile/11303377672028774152noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-79662514080641757912011-03-30T18:18:25.991-05:002011-03-30T18:18:25.991-05:00I have a question I'd like to pose to Mr. Fole...I have a question I'd like to pose to Mr. Foley or others. I'm convinced, as you argued in one of your previous posts, that the OML doesn't conflict with Senate Rule 93, in which case the OML was violated.<br /><br />I decided to look at the Goodland v. Zimmerman case mentioned by Mr. Esenberg, though, and I'm also inclined to go along with his reading of it-- namely that a judge can't enjoin the SoS or the LRB from publishing a law, since the act of publication is considered part of the legislative process (this is specifically mentioned in Goodland) and separation of powers (probably a higher constitutional principle) restrains the judicial branch from involving itself in the legislative process. Here's the most relevant quote, I think, from Goodman: "no court has jurisdiction to enjoin the legislative process at any point." I'm no lawyer, but I'd be inclined to think that the enforcement provisions of the OML can only be used once a law is in effect. Anyhow, my question is just if you have a counterargument to the application of Goodland I've indicated above. Of course, it may well be irrelevant if it is eventually ruled that there was an OML violation. Thanks for your time.Unknownhttps://www.blogger.com/profile/16133184012984335425noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-34538506911881161122011-03-30T11:09:01.873-05:002011-03-30T11:09:01.873-05:00I believe so. But she didn't delete it -- stru...I believe so. But she didn't delete it -- struck from the document and initialed, to be precise -- because those statutes are not the correct path to the solution. She struck it, for now, because she hasn't got to that question yet.* Hence the prudence and judiciousness.<br /><br />But Ozanne has the right idea -- the Kinko's Amendment theory -- and JBVH's office can do little in rebuttal except object, obfuscate, stall, contradict itself, etc.** But those hijinks will come to an end soon enough.<br /><br />* In truth it's the question that needs to be decided before the subjects of Ozanne's prior complaints.<br /><br />** Watch the DOJ vacillate between insisting they're effectively representing La Follette's authority and denying that he has any authority at all. It's a hoot. Hell I'd fire 'em too.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-46160510400807405622011-03-30T10:49:27.615-05:002011-03-30T10:49:27.615-05:00last minute deletion of the paragraph
The comment...<i>last minute deletion of the paragraph</i><br /><br />The commenters at Volokh are having a conniption over this. As I understand it, Sumi requested suggestions for amendments to the original order, and the deleted paragraph was Ozanne's, no?gnarlytrombonenoreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-21779095966502425892011-03-30T09:35:52.133-05:002011-03-30T09:35:52.133-05:00I make it prudent and judicious. She's not don...I make it prudent and judicious. She's not done hearing testimony and argument on that question yet.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-47295999386876692572011-03-30T09:29:55.591-05:002011-03-30T09:29:55.591-05:00What do you make of the judge's last minute de...What do you make of the judge's last minute deletion of the paragraph stating that the LRB action doesn't constitute publication?Art Hacketthttps://www.blogger.com/profile/14043269082228165873noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-14739702042485442532011-03-30T08:52:24.318-05:002011-03-30T08:52:24.318-05:00Lot of it going around, then.Lot of it going around, then.illusory tenanthttps://www.blogger.com/profile/08524761974822871419noreply@blogger.comtag:blogger.com,1999:blog-2506514005426983269.post-43839179997556662082011-03-30T08:48:11.416-05:002011-03-30T08:48:11.416-05:00Esenberg was on Joy Cardin this morning saying the...Esenberg was on Joy Cardin this morning saying the LRB muse be compromised by DFHs because it isn't towing the party line in its statements.<br /><br /><i>misattributing to Jean-Paul Sartre a sentiment</i><br /><br /><a href="http://www.upi.com/Business_News/Security-Industry/2005/03/03/Outside-View-Bush-Camus-and-Sartre/UPI-94931109833380/" rel="nofollow">Heh</a>.gnarlytrombonenoreply@blogger.com