Re: where is aclu ? Washington, DC Metro to begin bag inspections

[David Farber <dave () farber net>]

Begin forwarded message:

From: "plevy () citizen org" <plevy () citizen org>
Date: October 28, 2008 10:27:25 AM EDT
To: "dave () farber net" <dave () farber net>
Subject: RE: [IP] where is aclu ? Washington, DC Metro to begin bag  
inspections
Reply-To: "plevy () citizen org" <plevy () citizen org>

With respect to Zach White:  I have been doing impact litigation for  
more than thirty years.  The decision about whether to appeal a  
particular decision to the COurt of Appeals, and then the decision  
whether to seek cert, is a STRATEGIC decision.  Sometimes, aggrieved  
as we may be about a bad decision, we decide that having an adverse  
decision from the Court of Appeals (or the Supreme Court) might be  
even worse, and that for a varietty of reasons, including the state of  
the record or the current composition of the next higher court, it  
might be better to refrain from  presenting this particular case for  
review.  Sometimes, indeed, we decide not to bring a case AT ALL  for  
similar reasons.  Sometimes, the best place for a fight is not the  
courts.

I don't comment here on whether the NYCLU's decision not to take an  
appeal from the particular decision White mentions was sound or  
uinsound, but the mere fact that they did not does not show that they  
are cowards, simply that they made a judgment on whose soundness  
White's comment sheds no light whatsoever,


[original message]
Begin forwarded message: From: Zach White










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