<?xml version="1.0" encoding="UTF-8" standalone="yes"?><oembed><version><![CDATA[1.0]]></version><provider_name><![CDATA[The Dish]]></provider_name><provider_url><![CDATA[http://dish.andrewsullivan.com]]></provider_url><author_name><![CDATA[Andrew Sullivan]]></author_name><author_url><![CDATA[https://dish.andrewsullivan.com/author/sullydish/]]></author_url><title><![CDATA[The Logical Power Of The&nbsp;Ruling]]></title><type><![CDATA[link]]></type><html><![CDATA[
<p>I&#39;m not through with it yet but it&#39;s hard to disagree with this reader:</p>
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<p>A reader <a href="http://andrewsullivan.theatlantic.com/the_daily_dish/2010/08/prop.html">wrote</a>, &quot;His clerks made that trial record their bitch, and Judge Walker took that dog for a walk.&quot;</p>
<p>To me, reading the opinion, this is a gross understatement.&#0160; Judge  Walker&#39;s opinion reads more like, &quot;Plaintiffs proved all their points  and demolished the proponents&#39; witness by showing that he was a mere  pundit not an expert.&#0160; Proponents failed to do anything substantive.&quot;&#0160;  The subtext reads, &quot;And I [the judge] feel like fining the proponents  for the amount of time they made me waste; I am resisting the urge to  slap them around.&quot;</p>
<p>Once you get done with that, the sheer breadth and weight of the facts  assembled make me wonder how in the hell any judge would vote to  overturn this case.&#0160; Appellate judges can&#39;t really overturn facts; they  can only point out errors in admissibility or weight given to evidence  and order a retrial.&#0160; Given the factual record assembled, I cannot  fathom that&#0160;a retrial would result in anything different except giving  the plaintiffs more evidence and time to develop their case.</p>
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