The plan I knew about, and had been floated at the White House, involved three steps. 1) Attorney General Ashcroft issues an Opinion detailing the unconstitutionality of Shays-Meehan. 2) President Bush states flatly that the law is uncontitutional, but then signs it to force a judicial review. 3) Solicitor General Olson is directed not only to oppose the law, rather than support it (the usual role of the SG), but to file suit immediately for a preliminary injunction against any use of the law, by anyone, anywhere, until the Supreme Court ruled on it.
No reason to go into the details of the plan (which I got to read), because obviously the White House decided on a different course of action. The plan did offer a chance at getting the final Supreme Court decision BEFORE the November elections.
As it is, the case will be filed 6 November, 2002, on the effective date of the law. The final decision of the Supreme Court to declare the law unconstitutional, will come in may, 2003, give or take a few weeks.
The only guarantee I can offer is this: If we do not get this law declared unconstitutional, I will resign from the Bar of the Supreme Court of the United States. I feel that strongly about the issue, and about our odds of success.
FReepers, including you, my friend, have done all that you could, and your efforts have not been enough. Now it is time for the First Amendment attorneys to go to war. This will be my 17th and second most important brief in that Court. (Most important was the brief on the Bush case from Florida.)
I presume you wish me good hunting.
Congressman Billybob
Indeed! We wish you EVERY success in this matter but your, and others efforts in the courts, in NO way addresses the FACT that we have currently, at least 240 Congressmen, 60 Senators, and a President who either DO NOT UNDERSTAND the Constitution and their oaths of office or just don't GIVE A DAMN about either!
regards
I sure do CB. Thanks for sharing. I liked the idea of option one and, like JH2, wish that W would veto it--with great fanfare and inflamatory language about an assault on free speech etc.
And John, you are right. Joe and Jane Public don't give two hoots about this. May the McPressholes' 'victory' be very short-lived....
More than wishing, I'll be praying for you, my friend.