A couple weeks ago I reported on the Texas judge who delivered a sharp smackdown to some Texas legislators who filed a motion to intervene in a lawsuit challenging a new anti-choice law they passed. Not to be deterred by reality, the legislators then filed the same motion again — and got it turned down again. And then to show just how immune they are to reason, they filed a third time. And this time the judge had had enough. In response to the second motion, the judge wrote:
On August 9, 2011, the Court denied a similar motion filed by Senator Patrick and Representative Miller. The Court denies this one for the same reason, namely, counsel for the parties in this case are more than capable of advocating for their clients’ positions without outside input. This is especially true where, as here, that input comes in the form of, among other things, commentary by legislators on “the clear legislative intent of H.B. 15′s severability clause.”
If the severability clause as clear as the Representative indicate, their interpretive assistance will not be required. And if it is not, it would be unhelpful, if not improper, for the Court to look to statements made by a subset of the Legislature, in a document prepared for the purpose of litigation, to determine legislative intent.
As stated in its August 9, 2011, Order, the Court will not allow this lawsuit to be used as a vehicle for advancing a political agenda, or as a platform for rhetorical grandstanding. Although the outcome of this case will likely have repercussions outside these proceedings, the resolution of this case will depend solely upon the legal issues presented. The Court’s time is better spent considering the arguments of the parties than addressing the opportunistic petitions of outsiders.
As harsh as the first one. But not as harsh as the third one:
BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and specifically the latest in an unfortunately long line of motions for leave to file an amicus brief. Having reviewed the document, the relevant law, and the file as a whole, the Court now enters the following opinion and order DENYING the motions:
The Court has already turned down two extremely tempting offers to transform this case from a boring old federal lawsuit into an exciting, politically charged media circus. As any competent attorney could have predicted, the Court declines the latest invitation as well.
However, the Court is forced to conclude that Allen E. Parker, Jr., the attorney whose signature appears on this motion, is anything but competent. A competent attorney would not have filed this motion in the first place; if he did, he certainly would not have attached exhibits that are both highly prejudicial and legally irrelevant; and if he foolishly did both things, he surely would not be so prejudicial as to file such exhibits unsealed. A competent attorney who did these things would be deliberately disrespecting this Court and knowingly shirking his professional responsibilities, offenses for which he would be lucky to retain his bar card, much less an intact bank balance.
For Mr. Parker’s sake, and because the Court has not time to hold a sanctions hearing–in part because it must take time out of deciding the actual legal issues in this case to address the self-serving entreaties of attention-seekers like Mr. Parker–the Court assumes Mr. Parker is as incompetent as he appears. Rather than sanction him, the Court simply does what Mr. Parker would have done if he was a competent professional, and seals attachment 7 to his motion.
IT IS ORDERED that Parker’s motion for leave to File an Amicus Brief is DENIED.
I believe Mr. Parker should shut up now, don’t you?
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