Birther Trainwreck Comedy: Civil Procedure Edition
Let us all bow down before the legal genius of Orly Taitz and her minions, who have managed to conclude that a scheduling order entered while a motion to dismiss is pending is proof-positive that the Court intends to deny the motion to dismiss. Even better, Ms. Taitz appears to have also concluded that “you do not finalize dates unless there will be a trial,” never mind that whole “summary judgment motions” thing. Trial attorneys should remember this logic the next time a Court schedules something of theirs for oral argument and then decides not to hear oral argument and just rule on the papers, or otherwise enters a scheduling order while a motion to dismiss is pending.
But lest you think that the comedy in this theater of the absurd is solely of the trainwreck variety, it’s well worth reading the US Attorney’s response to Taitz’ paralegal’s (apparently a disbarred attorney himself) demand to begin discovery (scroll down to the end of the above-linked post). I’m always a big fan of history-based comedy, and that’s as fine a use of it as I’ve seen in awhile.
UPDATE: Goddamn, this just keeps getting better.