Comments on: The Stay Stays… http://www.indianabarrister.com/archives/2006/03/the_stay_stays.html Indiana Barrister is the source for local Indianapolis and Indiana news, politics and commentary. Tue, 06 Jan 2009 23:57:46 +0000 http://wordpress.org/?v=2.5.1 By: Gary Welsh http://www.indianabarrister.com/archives/2006/03/the_stay_stays.html#comment-81 Gary Welsh Thu, 02 Mar 2006 01:28:11 +0000 http://www.indianabarrister.com/archives/2006/03/the_stay_stays.html#comment-81 Your reading of the case is not correct. The court made clear that it wanted to make it "plain to all" by writing such a detailed opinion on a preliminary matter which is typically afforded a very brief order. Make no mistake, the Court rebuked Bosma with this opinion. It wrote: "Because this matter involves the internal proceedings of a state legislative body and therefore raises important federalism concerns, we have departed from our usual practice of deciding preliminary matters such as this one by a short order and have elected to set forth our views in more plenary fashion. We hope that, by proceeding in this manner, the tentative nature of our analysis at this very early point in the litigation will be plain to all." Your reading of the case is not correct. The court made clear that it wanted to make it “plain to all” by writing such a detailed opinion on a preliminary matter which is typically afforded a very brief order. Make no mistake, the Court rebuked Bosma with this opinion. It wrote:

“Because this matter involves the internal proceedings of a state legislative body and therefore raises important federalism concerns, we have departed from our usual practice of deciding preliminary matters such as this one by a short order and have elected to set forth our views in more plenary fashion. We hope that, by proceeding in this manner, the tentative nature of our analysis at this very early point in the litigation will be plain to all.”

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