Based on my experience as a lawyer in Virginia which does allow trials de novo, I would have drafted a petition asking for a trial de novo and an emergency injunction.
It looks to me like the parents' lawyers were not expecting the law which was drafted, and should have taken more time to draft the motion. I think they retreaded a motion based on the law which was being suggested earlier in the week, which would have given habeas corpus review.
As you say, if all the federal judge was asked to do is determine whether things had been done right in the state court, that was not likely to be fruitful, because it has already been reviewed, over and over again.
The law was signed by Bush about 1:00 a.m. Monday and the motion was filed, if I recall correctly, about 4 or 5 a.m. Not enough time to do it right, I guess.
If I had been the lawyer, based on what the judge was asking during the hearing, I might have asked for the opportunity to submit additional pleadings. But federal judges are not very patient people. If you don't have your ducks in a row, beware. |
