| the skill of lawyers should not be relevant to define an act of barbarism so obvious an affront to God and all humanity.
The one thing I think Whittemore might have done differently is reject the plea in its entirety on the grounds that it was not responsive to Public Law [whatever], which called for a de novo hearing of the matter. Instead the Plaintiff brought what amounted to an appeal of a state court decision, which the federal court lacks jurisdiction to hear. The trouble is, I'm not sure Schindler or his lawyers would have gotten the message. Whittemore put substantially the same message in the decision he did write, albeit a bit more subtly. They for sure did not get that message. Instead they wasted the better part of a week taking their totally-flawed plea up the chain to the Supreme Court. |
I don't think you appreciate the spot the Schindlers' lawyers put the judge in. He's not a philosopher king, able to rule on any subject he wants. He's there to rule on the case the Plaintiff brings.