*Boies (counsel against Prop 8) on Charlie Rose tonight.

[Fumesucker]

3. I said he acted like an idiot, not quite the same thing

This is the paragraph that I read ten years or more ago and it stuck with me until today.

Gore's lawyer, David Boies, never argued either of the above points to the Court. Also, since Boies already knew (from language in the December 9 emergency order of the Court) that Justice Scalia, the Court's right-wing ideologue; his Pavlovian puppet, Clarence Thomas, who doesn't even try to create the impression that he's thinking; and three other conservatives on the Court (William Rehnquist, Sandra Day O'Connor and Anthony Kennedy) intended to deodorize their foul intent by hanging their hat on the anemic equal protection argument, wouldn't you think that he and his people would have come up with at least three or four strong arguments to expose it for what it was--a legal gimmick that the brazen, shameless majority intended to invoke to perpetrate a judicial hijacking in broad daylight? And made sure that he got into the record of his oral argument all of these points? Yet, remarkably, Boies only managed to make one good equal protection argument, and that one near the very end of his presentation, and then only because Justice Rehnquist (not at Boies's request, I might add) granted him an extra two minutes. If Rehnquist hadn't given him the additional two minutes, Boies would have sat down without getting even one good equal protection argument into the record.