....unless someone wrote it for him......
I think the surest way to determine if a judge is a kook or not is to see if they are a Democrat. If they are a Democrat, nothing they say should be accepted at face value.
Just as I predicted that Judge in Alabama (a bitter minority Democrat) would dismiss, she did. She won't say so, but I have no doubt she dismissed the case because she saw it as an attack on her and her party.
It is the same with the Supreme court. They are usually very predictable. On any issue before the court, the four Liberal incompetents will always be wrong, the four Conservative Judges will usually be correct, and the Waffler Kennedy will depend on which way the wind is blowing on any given day.
I Recall some wit discussing the litigation regarding the "gay marriage ban" voted on in California a while back. He said: "Why don't we save a lot of time and just ask Justice Kennedy what he thinks?"
Remember in late 2008. I believe it was Berg’s case that actually got onto the docket at SCOTUS. And the judge that seemed to make the most specific demands or may took the most interest was Justice Souter. This was in November. The case then is dismissed in December. 6 months later - Souter ‘retires’.
His sudden ‘retirement’ has been somewhat of a mystery.
Though a stretch, I have wondered if there is any linkage of his stance in the Donofrio case and his sudden retirement.
http://www.freerepublic.com/focus/f-bloggers/2128383/posts
http://curezone.com/blogs/fm.asp?i=1302645
From the above link there is this link - but it is dead:
http://origin.www.supremecourtus.gov/docket/08-570.htm
“Supreme Court Of The United States (SCOTUS) Justice David Souter has agreed that a review of the federal lawsuit filed by attorney Phil Berg against Barack Hussein Obama II, et al., which was subsequently dismissed for lack of
standing is warranted. SCOTUS Docket No. 08-570 contains the details.
A review of that docket and the Rule 10 of the Supreme Court makes abundantly clear that Justice Souter’s granting of a review on the Writ of Certiorari is not a right entitled to citizen Phil Berg, but rather is a matter of
judcial (sic) discretion based upon a compelling reason. That compelling reason is the Constitutional requirement that “No person except a natural born citizen ... shall be eligible to the office of President...” “
So SCOTUS and Souter could have punted this case in November since it was accepted at judicial discretion.
They ended up punting the case in December. A few months later the ‘ring leader’, who apparently wanted to use the courts ‘judicial discretion’ to look into this issue, retires.