I'm pretty sure THJMW feels the same way you do. Tread softly and carry a big stick! Right! She should not allow the declaratiojs they should be dismissed. Mordicai wrote a nice explaination explaining this, it was easy to read and right on target. THJMW knows the importance of this whole case and she is making her decisions based on case law and her ability to be an objective judge. I think she knows what happened here and will rule with care and confidence as not to be trounced on by the higher court.