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Old April 26, 2013, 09:45 AM   #17
csmsss
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Join Date: October 24, 2008
Location: Orange, TX
Posts: 2,985
Quote:
That generally speaking, without referencing any specific case, the lawyers draft a complaint to hit as many issues as they can, to maximize their avenues of victory and appeal?
Gotcha - except if they had ESP and knew they would prevail in Utah Supreme Court on a federal claim but lose at SCOTUS on the same claim, they might not have raised the federal claim but instead argued solely on the claim against Utah's constitution. Of course, that would be of very limited value to a third party pursuing a nationwide agenda (not blaming them, just stating the obvious), so if that is who was funding the defense, it's understandable why they were arguing on federal grounds.
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