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To: All

I have been lurking here since 2002 and would be doing so still were it not for the peculiar abuse directed at Lurking Libertarian.

Having read the majority of the threads dealing with the Obama NBC controversy, it has become manifestly apparent that a number of you are foolishly denigrating the one individual who has consistently and correctly explained federal appellate procedure—and most particularly the rules by which the USSC operates. I have no practical experience in this area but based upon 25 years as a lawyer I can make a reasoned judgment as to the expertise of LL: The man knows what he is talking about and backs it up with citations to the Rules of Court and relevant case law.

Despite this, I see lay people—and a few who claim to be attorneys—snap that LL is wrong while they, themselves, referece legal authority which is either not relevant or badly misunderstood. There is nothing magical about being an attorney and a non-lawyer can be as right—or wrong—as someone admitted to practice. But, folks, if you don’t know how to read a docket do not foolishly pick a fight with someone who does.

And, yes, try to get your heads around the one concept that LL has been patiently trying to explain for weeks: If a case is properly docketed with the Supremes, and if said case is brought to obtain cert., it always goes to conference, whether cert. is ultimately granted or not. What most cases do not get is a “discussion” at that same conference. The fact that the case is distributed for conference is meaningless. All properly docketed cases seeking cert. go to conference. ALL. In the past LL has suggested that anyone disagreeing with this fundamental truth produce a docket entry wherein cert. was denied without first having gone to conference. Instead, people call him a liar and disruptor, and object to his “tone”, without offering up the goods which would prove him wrong.

It is time to recognize that FR has a great resource in LL and some might consider soliciting his opinion on matters of civil procedure and the truly arcane workings of our highest court. But pride goeth before the fall.

You can label me a troll, or whatever, but to see a person like LL excoriated because the truth is not to your liking, isn’t going to assist in obtaining that MSM attention you crave regarding the birth status of BO. So if you want to keep on relying on supposed experts like that fellow who keeps running for Congress—and who has never argued before the Court despite all his posturing about the seminal cases he has steered through the federal system—be my guest. As far as I can tell, LL is what he is. He doesn’t puff up his resume and hint at Supreme Court victories that he does not have. He’s a working stiff who has sought cert. and been unsuccessful, the most common of outcomes. But unlike someone else who comes to mind, he has not pretended that a history of low level involvement in the preparation of amicus briefs qualifies him as a legal titan.


114 posted on 01/23/2009 5:12:04 AM PST by AgnosticAtty
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To: AgnosticAtty

Here here. Well said.


116 posted on 01/23/2009 5:45:29 AM PST by esquirette (If we do not know our own worldview, we will accept theirs.)
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To: AgnosticAtty

Yes there is a God.

You and LL have the right to voice your opinion. LL sounds like an O.K. person, but has posted a few false statements. He has not always backed up his comments with how the Constitution reads.

Per the Constitution, Obama is NOT eligible for the Presidency in several different ways.

O.K. so you are going to disagree with me- WHEN WILL WE SEE OBAMA’S ORIGINAL BIRTH CERTIFICATE?????????


119 posted on 01/23/2009 5:54:14 AM PST by real_patriotic_american
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To: AgnosticAtty

Bump.. I’ll apologize in advance for any names you are called.. many people are very emotionally attached to their positions on this.


122 posted on 01/23/2009 6:55:22 AM PST by mnehring
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To: AgnosticAtty; esquirette

Thank you.


134 posted on 01/23/2009 11:14:54 AM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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