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To: ClearCase_guy
I will risk being called an utter fool but I speculate — if you really want to argue your case before the Supreme Court, isn’t it somewhat useful to lose in the lower courts, so that you can appeal your way up?

Speaking as a retired appellate lawyer with 42 years experience:

(a) You are always better off on appeal if you won below; no one loses on purpose just so they can appeal;

(b) If you have to appeal, it really doesn't help you if you lost because your factual allegations were laughably incorrect.

64 posted on 11/19/2020 6:55:20 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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To: Lurking Libertarian
What about 2000?

Not saying this is the case (Trump's appeals) but if the bias is so strong at the lower level, eventually a non-bias opinion will be reached at a higher level.

This can be construed as a bias power play, not necessarily based on law, at least initially.
72 posted on 11/19/2020 7:53:49 PM PST by rollo tomasi
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To: Lurking Libertarian

Agree. Who would want to lose in order to appeal?

Is every case accepted for appeal? What percentage unless emergency action? What percentage of appeal cases are overturned?


85 posted on 11/20/2020 3:46:04 AM PST by gcparent (Justice Amy Coney Barrett)
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