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View Diary: DOMA: This is the best they have (17 comments)

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  •  That's hilariously bad advocacy (3+ / 0-)

    It concedes the important fact that under the current system, some people get screwed.

    Then it asks the court to extend that, so that, in the interest of "fairness," everyone gets screwed. You're absolutely correct that this would leave a rational court to ask about the inverse.

    It's essentially arguing about a situation where a person is only half-covered by a comforter on a bed. And in arguing, saying that the court should pull the covers off of that person because it's unfair that the shoulders are cold, while the feet are warm. A smart-minded court will just say, "Why don't we just pull the covers this way and solve the problem?"

    I would think their position would be to not concede any harm or acknowledge any problem.

    But this is the problem with defending a law that's unconstitutional. It can be done better than they've done it today, but there's not a lot of refuge for the guy trying to explain this one to the court.

    "I believe that, as long as there is plenty, poverty is evil." ~Bobby Kennedy

    by Grizzard on Wed Mar 27, 2013 at 11:55:50 AM PDT

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