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| Re: Bashman/Tribe |
Angry_White Clerk |
May 26, 2005 09:15 am |
Bashman is an expert on the constitution. In fact, his commentary on Roper, after the MO Supremes decided it would be unconstitutional to sexecute a minor, amounting to, "State Supreme Courts should not guess what the Supreme Court will do..." was particularly insightful. Although this argument was ignored by everyone who mattered, the fact that he was able to say it increased his prestige in my mind.
Come to think of it, I think that everyone's comments in R v. S were stupid. This is the way I see thing:
Line:
I don't care about the result, I don't like the mode of interpretation
Translation:
My clients want more kids executed as part of a political strategy which appeals to the silly notion of "victims rights." Isn't it funny that I am extremely vocal about this mode of interpreting and I have made a career out of representing crazy Christians.
Line (spoken by adults):
The Supreme Court relied on foreign law.
Translation:
I didn't read the opinion, but I like to talk to evil lay scum.
Line (spoken by law students):
The Supreme Court relied on foreign law
Translation:
I am a 3L with a school with a chapter of the Federalist Society. I am too much of an idiot to get a clerkship or a job. Please give me a job. Look, I am really Federalist.
Line:
The Missouri Supremes should not have applied Stanford v. KY (this is what Bashman actually said some time ago).
Translation:
The MO Supremes should look for some black letter principle found in a commercial outline and not actually read what Scalia said in Stanford said. ("What displays society's views on this latter point are... the ages at which the States permit their particularized capital punishment systems to be applied.") After all, they are icky, and State supreme courts, unlike CTAs, can't really interpret the constitution. Many of their clerks didn't go to school with me.
Line:
AMK uses the internet.
Translation:
Duh. I came in second in the Special Olympics' legal commentary event. I hope to co-host with Nancy Grace.
Oh wait.. JS asked not to be made sick. Never mind.
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