Silhouette
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- Jul 15, 2013
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Utah state officials are asking a federal appeals court for more time to prepare arguments in defense of the state's same-sex marriage ban — in part to be able to bring their newly chosen team of private attorneys up to speed.
The Utah attorney general's office is asking for a 10-day extension to prepare a "fulsome, detailed and quality" brief, court documents filed Friday show.
The 10th U.S. Circuit Court of Appeals has set a deadline of Jan. 27 for opening briefs. The Denver-based court has set an expedited schedule....
...Utah announced Thursday it will pay $300,000 to have three out-of-state attorneys handle its appeal before the 10th Circuit Court. The lead attorney is Gene Schaerr, a Utah native who is leaving a Washington, D.C., law firm to lead the legal team... Utah wants time in gay marriage case - The Denver Post
I'm only asking the question of "Are Utah's Attorneys Trustworthy" because of what happened last year with the "defense" of DOMA by Mr. Paul Clement. The oldest "last ditch" trick in the book is to insert one of your own in the opposing "team".. Very worrisome that Utah feels pressured to submit their briefs so soon and must hastily gather a "trusted" attorney team.
Beware Utah. Be VERY aware. This pressure tactic is the oldest trick in the book and I nearly lost a case I was involved in due to exactly this phenomenon of legal trickery.
Is Paul Clement Trying to Throw the DOMA Case? DOMA: Is Paul Clement Trying to Throw the Case?
Probably not — there's not enough money at stake here to make a Leopold-and-Bloom operation worth the risk. But his brief in United States v. Windsor (he's the attorney for House Republicans) is a cornucopia of unconvincing arguments. Ian Millhiser spotted this one first:
Later in the decision, Clement cites one of Congress's original rationales for DOMA.
Congress recognized the basic biological fact that only a man and a woman can beget a child together without advance planning, which means that opposite-sex couples have a unique tendency to produce unplanned and unintended offspring. Congress sought to encourage the raising of such children by both their biological parents in a stable family structure.
That's what Congress said. Clement takes it further.
It is no exaggeration to say that the institution of marriage was a direct response to the unique tendency of opposite-sex relationships to produce unplanned and unintended offspring. Although much has changed over the years, the biological fact that opposite-sex relationships have a unique tendency to produce unplanned and unintended offspring has not. While medical advances, and the amendment of adoption laws through the democratic process, have made it possible for same-sex couples to raise children, substantial advance planning is required. Only opposite-sex relationships have the tendency to produce children without such advance planning (indeed, especially without advance planning).
In case you missed that, that was an attorney "for" DOMA blatantly arguing the other side's case. He should be disbarred. But I digress.
One point made in arguments then was this, and Utah should sit up, take heed and stare at their "team" with slitted eyelids:
In short, gays and lesbians are one of the most influential, best-connected, best-funded, and best-organized interest groups in modern politics, and have attained more legislative victories, political power, and popular favor in less time than virtually any other group in American history. [same link as above]
Let's hope for the citizens of Utah that there are no Paul Clements on their team.
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