It sure looked like he was saying the case had no future relevance whatsoever. I guess I should have been reading in the penumbras for his real meaning.
And as an aside, those supposedly useless, not-worth-the-paper-they're-written-on district court opinions have a funny and frequent way of showing up in circuit court decisions, and they seem to have a more than slightly noticeable effect on district courts as well.
I'm not sure I would take the position in front of an appellate panel that garbage from a district court is so useless it isn't even worth distinguishing. You're likely to acquire a serious case of verbal whiplash.
Hey, some of it is garbage. Nothing wrong with the truth. Citing good work is fine, citing garbage is just that, citing garbage. SCOTUS cites Euro garbage, it has no binding authority. Why do they then cite Euro garbage? Your guess is as good as mine.
Answer the question. is a case published in the Fed. Supp. binding on any other US District Court Judge? And specifically, is the judge's decision in the dover case binding on any other judge? You must know that it isn't.
I'm not sure I would take the position in front of an appellate panel that garbage from a district court is so useless it isn't even worth distinguishing. You're likely to acquire a serious case of verbal whiplash.
Not nearly as quickly as if an attorney stood in front of a US circuit court bench and said a case published in the Fed. Supp. was binding within the circuit.
I've read enough cases where, when reading between the lines, a Circuit Sourt will opine that the District court Judge is full of shit; and don't tell me you haven't read some cases like that.