It’s never over.
During my time in private law practice, time and time again I saw cases that were lost converted into wins at the last second when the ‘winning’ attorney wasn’t paying attention.
I’ve seen it happen when, after an oral argument in which one side wins, the losing side, at the very last second while people are packing up their bags, throws out a suggestion that the judge grabs onto, and which has the effect of nullifying much of the victory. Or the loser submits a form of Order that has the same effect, and which the Judge signs.
I’ve seen attorneys continue to argue even after the ruling, usually to no avail. But it presents a danger that needs to be watched.
I remember winning a big case in federal court in Louisiana and grabbing the client and saying, let’s get out of here before the judge changes his mind.
After a ruling in my favor, I knew to pay even more careful attention, not less attention.
It’s something I teach my students.
It’s something Republicans need to internalize and organize. Democrats, unsatisfied with a result, will try everything in their power to subvert it after the fact. The past two years have been an unrelenting attempt to subvert the 2016 election by any means necessary.
And it’s happening in Florida now.
The lesson is that there is no closure for a Republican win. Be as much on guard for subversion after you think you’ve won as you did before.
Democrats got a jump on Republicans in the post-victory fight. I think Rick Scott and Ron DeSantis will be okay, but it’s not a sure thing.
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