Some Thoughts on Candace Conti/Oral Argument

by DNCall 4 Replies latest jw friends

  • DNCall
    DNCall

    The length of time it has taken from the final briefing to the scheduling of oral argument may be due to a couple of factors. In California, many of the courts are backed up due to budget cuts, layoffs and furloughs. Some courts are worse than others. I would not expect that the impact on the appellate courts would be as severe as on the lower courts. I would hope that the wait of over one year is more an indication that the appellate court’s research attorneys and the assigned justices have required this time to be adequately prepared--not for oral argument, which usually takes less than half an hour, but to render a just opinion. The stakes are high for all involved, including the Court.

    In its Opening Appellants’ Brief, Watchtower raised the stakes by invoking constitutional issues to set up an appeal to the U.S. Supreme Court should the California Court of Appeal render an unfavorable opinion. For my money, Rick Simons defeats this strategy effectively in his Respondent’s Brief. Additionally, there is no certainty that the U.S. Supreme Court would accept Watchtower’s case for consideration

    Even a favorable opinion from the Court of Appeal may not be so favorable for Watchtower in the long run. A favorable opinion will inform those lawsuits waiting in the wings, especially the California lawsuits. Complaints can be amended and strategies revised.

    Thanks to dear Candace, we are at a point where existing laws are for the first time being tested as to their application to Watchtower’s policies and policy implementation. An evolutionary process has begun that will involve many more cases to come and will likely take much time. In my opinion, this is just one more vital area where time is not on the side of Watchtower.

  • Separation of Powers
    Separation of Powers

    I agree with your position that time has elapsed due to the legal questions and not the state of the courts. The appelate realizes that their decision will have an impact beyond the Candace case. If the ORG was to lose, which I believe they will, then appealing to the Supreme court would be disastrous as it will have nationwide ramifications and the ORG's process will be held to an all-encompassing scrutiny that only exist at the Supreme level...I don't know if the ORG wishes to be scrutinized with a magnifying glass. The fact that EVERY state and territory would be allowed to submit in pro or favor could be disastrous as well.

    We shall see.....keep your fingers crossed. Unless you are still active, then don't cross your fingers cause that's bad.

    SOP

  • Vidiot
    Vidiot

    DNCall - "...Watchtower raised the stakes by invoking constitutional issues..."

    I remember when I first read that; I almost went blind from rolling my eyes.

    Appealling the verdict by claiming that changing their policies would be "unconstitutional"?

    Please.

    Separation of Powers - "If the ORG was to lose, which I believe they will, then appealing to the Supreme court would be disastrous as it will have nationwide ramifications and the ORG's process will be held to an all-encompassing scrutiny that only exist at the Supreme level..."

    Agreed, and I'm sure that that's occurred to them, too.

    However, I think they're proud (and perhaps desperate) enough take this all the way to the SCOTUS level anyway, in no small part because the precedent set by a WT win could potentially immunize them against all further child-abuse-related litigation.

    An all-or-nothing gamble with those kinds of stakes might be worth the risk to them (particularly since - as all anecdotal evidence suggests - they really do believe God's got their back).

  • Oubliette
    Oubliette

    DNC: Nice analysis and summary.

  • sir82
    sir82

    Watchtower raised the stakes by invoking constitutional issues to set up an appeal to the U.S. Supreme Court

    Sounds like Paul's "I appeal to Caesar!"

    And we all know how well that went for Paul....

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