At 05:42 PM 5/16/2007, Joseph Riggs wrote:
So long as the plaintiff's lawyers actually argued their case in a
competent manner (i.e. tried to win to the best of their ability), I
don't think that there would be a legal issue.
Yes, but if they engineered the lawsuit there'd be a clear conflict
of interest, and any competant judge would throw the case out.
The reason I mentioned the Scopes case is because it's the best
known case created along these lines. From what I've heard,
everyone involved with both the plaintiffs and the defense
(including apparently even William Jennings Bryan) was pretty
confident that the case would get the law overturned, but that
didn't stop either side from arguing the case to the best of their ability.
That case is also several decades old, which makes using it as
precedent for a case in the here and now dodgy at best. Also, since
that was a criminal case (meaning the ACLU could force the state's
hand and have Scopes arrested) the matter at hand is civil in nature
-- which makes collusion more difficult.
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