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Re: Lemmiwinks post# 281723

Saturday, 06/20/2020 5:13:43 PM

Saturday, June 20, 2020 5:13:43 PM

Post# of 425847
Lem—appreciate your perspective, but the danger is that others lose sight of the rules that govern appeals. The judge here was acting as both fact finder and arbiter of the applicable legal rules. As fact finder, a federal judge is not presumed to be any more educated on things like statistical analysis of the results of scientific studies than a normal lay jury. It is up to the parties to present evidence to the court on their case. That is the most fundamental rule of trials in our system.

My only other point is we should all try to take emotion out of this, and look at it from a purely intellectual perspective, as hard as that is. I can guarantee you the court of appeals will approach it that way.

Best—

B
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