Wednesday, October 14, 2015
More on the APP Statement Calling for Constitutional Resistance
Thanks to Kevin for calling attention to the Statement Calling for Constitutional Resistance to Obergefell. I've been thinking a lot about it myself, and am still working on formulating my thoughts. For now, MOJ readers might be interested in this post, from Prawfsblawg, by Howard Wasserman, in which he (correctly, I think) takes issue with Lyle Denniston's contention that signing such a Statement could violate a lawyer's ethical obligation to show appropriate "respect for precedent." As Howard explains, it "cannot be right" that "a lawyer can be sanctioned for arguing that a court disregard or overturn even binding precedent" or, for that matter, that a lawyer argue that a precedent was wrongly decided and therefore ought not to control in a different case.
https://mirrorofjustice.blogs.com/mirrorofjustice/2015/10/more-on-the-app-statement-calling-for-constitutional-resistance.html