Comments on: Update: flying-imams suit can proceed

By: Richard Nieporent

Richard Nieporent — Sat, 24 Nov 2007 10:44:00 +0000

Montgomery, considering the evidence in the light most favorable to the plaintiffs, said the facts they alleged “support the existence of an unconstitutional custom of arresting individuals without probable cause based on their race.”

So according to this learned judge, Muslim is a race.

By: Bob Neal

Bob Neal — Sat, 24 Nov 2007 07:31:47 +0000

Even if they do eventually throw in the towel, a large chunk of money will go to fees. Again, we take money away from production due to our abused system. Judges are supposed to be gatekeepers – they tend to forget that these days.

By: Jake

Jake — Sat, 24 Nov 2007 00:07:39 +0000

Althouse (like most law professors) skips an essential step in declaring, “let’s get to the factfinding.”

First, let’s get to discovery. Will the imams willingly submit to depositions? Or will they throw in the towel — as so many frivolous litigants do — when faced with the prospect of giving deposition testimony under oath to support their claims?

By: Supremacy Claus

Supremacy Claus — Fri, 23 Nov 2007 18:30:09 +0000

The Justice Department has the choice of asking the judge to dismiss the case, even after a verdict returns. The reason is national security. The judge would have no choice, nor even hesitation, but to comply.