Oh, I'm not asking for any MMQB'ing. Actually, I have a lot of emphathy for those guys. Essentially, they're doing what the Bush v Gore lawyers had to do, but they have about 1/1000th of the resources. I've begun to see in the media some criticism of their work by those in the conservative camp. It got me to thinking that these guys have to be in over their head or at least up the their limits.
Everyone assumed on Monday morning (myself included) that an injunction based on Congress's statute was a fait accompli. In retrospect, Congress and the Schindlers' attorneys botrh made a critical error. Congress erred by not prescrbing the grounds for an injunction. The Schindlers' attorneys erred in arguing procedural due process and not asking for releif pursuant to the All Writs Act. I can't kill the attorneys for this becasue they have never gotten a fair shake from Greer. Sometimes you become so vested and so myopic about an issue that you miss the larger pciture. Furthermore, the time pressure since last Friday has been enormous.
Congress intent was to slow the process down, (which is another reason why an injunction should have been granted), they apparently only exacerbated it. I give the Schlinders' attorneys credit for not giving up.