The Cheney decision

Scrivener’s Error has an excellent and accurate analysis of the Supreme Court’s decision Thursday in the case involving the energy task force chaired by Cheney. Simply summarized, it was a case where “important constitutional questions . . . will go unanswered because the trial attorneys made three pretty basic errors in procedures.” (Via

Nonlawyers need to be aware that a fundamental rule of jurisprudence is that courts will avoid constitutional issues when their resolution is not necessary to dispose of a case. That is why the constitutional issues were not addressed here or in the pledge case (about which more in a later post). Since nonsubstantive issues led to avoidance of the constitutional issues in both cases, you have to wonder about the legal abilities of the individuals involved in the lawsuits.

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