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« Roberts "Startled" By Government Errors in Vet Cases | Main | Hogan & Hartson Stalls in 2009 »

February 23, 2010

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Comments

David Schwartz

It looks like the fifth amendment issue here would have been a slam dunk. There has to be some redress if the AG tries to make a judgment essentially worthless.

Sadly, that argument wasn't raised in this case. It's a fairly obvious argument, so I bet events in the procedural history conspired to make it not obvious that this argument needed to be raised until it was too late to do so.

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