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View Diary: Law firm drops House DOMA case, Clement resigns (183 comments)

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  •  The question is (0+ / 0-)

    is counter-protesting Phelps an attack on free speech?

    Which I think is analogous to your concern that protesting K&S is going down a road that will undermines a foundational principle of good jurisprudence: that every individual, every policy, every law, every principle deserves a defense.

    I see this as a fluke. You seem to see it as a movement.

    It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

    by Scott Wooledge on Mon Apr 25, 2011 at 02:57:14 PM PDT

    [ Parent ]

    •  Well, I see it as a movement .... (0+ / 0-)

      ... because of Cully Stimson on the other side of the aisle.

      •  i think it's a fluke. (0+ / 0-)

        One specific community on one specific issue, that's come about by a rather extraordinary set of circumstances, that have scarcely been seen before and unlikely to be repeated.  

        But, targeting the judicial process is not new. It's just always the right. National Organization for Marriage took out 3 Supreme Court Judges in Iowa last fall because they disagreed with their decision. The GOP just tried (and failed) to impeach the other ones.

        In the big picture, we seem to imagine we can win by being the most upstanding of citizens and letting them have the field unopposed.

        It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

        by Scott Wooledge on Mon Apr 25, 2011 at 03:20:39 PM PDT

        [ Parent ]

        •  But this is targeting lawyers (0+ / 0-)

          And why not tell BigLaw clients to back away from firms representing Gitmo detainees? death row inmates? sex offenders raising constitutional claims?

          •  Because I don't support those goals. (0+ / 0-)

            I can personally separate tactics from goals.

            And most of the people you mention are more often than not right now getting pretty miserable representation. They are not getting access to $520/HR former Solicitor Generals. And likely because the popular public sentiment is that's exactly what they deserve.

            (A view I disagree with, but is undeniably prevalent.)

            We can only hope DOMA gets a defense on par with the average death rower.

            It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

            by Scott Wooledge on Mon Apr 25, 2011 at 03:34:12 PM PDT

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            •  Actually, you're wrong (0+ / 0-)

              Countless BigLaw firms, including K & S, represent Gitmo detainees. The Comstock sex offender case before the Supreme Court last year had Covington & Burling on the briefs. Etc.

              •  I am glad to hear it. (0+ / 0-)

                I was drawing my conclusion from human rights orgs reports of detainees getting kangaroo court trials with over worked militarty representative, who quit in disgust over the process. Relative to Gitmo. I haven't read any reports of those firms getting targeted by protests, though I certainly could have missed it I am sure.

                I think there is a lot of truth in my original statement relative to how many in that general population rely on overworked, underpaid public defenders.

                It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

                by Scott Wooledge on Mon Apr 25, 2011 at 03:53:51 PM PDT

                [ Parent ]

              •  Oh, I hadn't heard of Cully Stimson (0+ / 0-)

                story you mention here.

                http://www.dailykos.com/...

                Rather certain these actions are independent and not really a reflection of each other. Have they caved to the anti Gitmo pressure? There's always the option of shoring them up by getting Human Rights groups onboard to express support.

                Every action can have a reaction.

                It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

                by Scott Wooledge on Mon Apr 25, 2011 at 04:02:07 PM PDT

                [ Parent ]

                •  They didn't cave. (1+ / 0-)
                  Recommended by:
                  VClib

                  Indeed, bar associations and others rallied to the lawyers' defense, and Stimson ultimately had to resign from DoD.  My claim is that we lose our moral claim to make such arguments by engaging in similar tactics here.

                  •  Well, my claim is we didn't (0+ / 0-)

                    see the Bar Association rush to K&S's defense. Really, no third parties did.

                    Every human is entitled to a defense. Statutues that discriminate? K&S apparently didn't find a lot of people wanted to stand with them for the descision. That might have factored into the decision to bail.

                    It is better to marry than to be tortured continually with ungratified desire. 1 Corinthians 7:9

                    by Scott Wooledge on Mon Apr 25, 2011 at 04:13:23 PM PDT

                    [ Parent ]

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