Quote of the Day - A tactical retreat is not a bad response to a surprise assault, you know. First you survive. Then you choose your own ground. Then you counterattack.
A number of bloggers are excited about the development, and we've exchanged emails about it. Here are their thoughts:
According to Denise Howell, "The petitioners make the point that the issue is receiving widespread attention and analysis (i.e., that it's important, controversial, and potentially subject to conflicting interpretation). That's a dandy point to make in support of a petition for review. I suppose bloggers are doing this kind of favor (aggregating potentially relevant materials) for brief drafters all the time, if only they are savvy enough to recognize it." Cites to blogs, though, are not new.
The SoCalLawBlog offered up its congratulations to the UCL Practitioner and pointed out the 2003 Daily Journal article discussing the prior Ninth Circuit brief mentioning blogs and the California recall effort.
We've all read that blogs have stepped into the mainstream, and that in limited instances, they've stepped into the legal books. Now, they're showing up in appellate briefs.
What's next? Will lawyers have to check blogs before making arguments in court?