Reply #22: She's doing the smart thing [View All]

The ACLU gets another shot at a precendent-making verdict, Napolitano doesn't get blamed for caving. And if the court really blows the verdict someone could just go edit the thing with a sledgehammer.

The clever way to deal with it is to lose in court, then to pretend to want to appeal. But in 'studying' the legal decision, the state AG just happens to discover that there are few or no good grounds on which to appeal and writes a brief that sabotages the attempt. (Hey, it works for the Bush Administration EPA, which just happens to consistently lose and then settle while the appeal is pending when major Bush contributor polluters countersue them.)

IOW, by taking it to court, it could amount to a win-win overall.