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Basic legal errors
-There's no need to mention that Roger Baldwin is non-Christian; it's 100% inconsequential.
-There's no need to mention that Roger Baldwin is non-Christian; it's 100% inconsequential.
--[[User:WOVcenter|WOVcenter]] 12:45, 8 March 2007 (EST)
--[[User:WOVcenter|WOVcenter]] 12:45, 8 March 2007 (EST)
== Basic legal errors ==
Your discussion of Selman v. Cobb County Sch. Dist., 449 F.3d 1320 is utterly flawed. I'll cite from the case: "In vacating the district court's [**49] judgment and remanding the case for additional proceedings, we want to make it clear that we do not intend to make any implicit rulings on any of the legal issues that arise from the facts once they are found on remand. We intend no holding on any of the legal premises that may have shaped the district court's conclusions on the three Lemon prongs. Mindful that in this area factual context is everything, we simply choose not to attempt to decide this case based on a less than a complete record on appeal or fewer than all the facts."
Selman v. Cobb County Sch. Dist., 449 F.3d 1320, 1338 (11th Cir. 2006)
In stating that the Selman case had been overturned, you make *GLARING* and rookie legal error. Vacating a case and remanding it is different from overturning it, a difference underscored by the fact that the opinion vacating the lower court's order explicitly stated that it passed no judgment on the legal theory of the case, only stating that the evidence for appellate review was too scanty!!
Further, you state that fees were awarded as if that were extraordinary. It is NOT. Fees are often awarded to the victorious party, and $2m is not an extraordinary sum, either, in a complex litigation matter. Finally, you cite again to the Discovery Institute in claiming that the Discovery Institute case opinion contained 90% of the ACLU's brief, which is (1) false - the only copies were in regard to the statement of facts, not the legal analysis, and (2) misleading, insofar as it suggests that that is not normal. District Judges often state their agreement with one party's idea of the facts. That's WHAT JUDGES DO in deciding a case!!
Insofar as these glaring errors existed, the text of the article has been modified.