play dead on every case - just give up the government's side of the case because Bushco was clearly wrong. But that's not necessarily the case very single time - there could be legal issues. The media never goes into that. If you read the case, you might see the legal issue.
Even the Bush Admin. got shot down when they made a twisted argument in favor of constitutionality of something indefensible - the Courts really did save us on that. The Obama admin's arguments for these things can likewise be shot down.
IMO they've just gone on with the DOJ and keep arguing the government side of every case, just like they would for any search warrant, self-incrimination, right-to-counsel case.
Defending Yoo, they were defending the idea of not suing an attorney for his opinion - that actually makes sense. Every divorce case would end and then secondary cases against the lawyers for instance. People getting divorced don't just hate their spouse, they loathe their spouse's lawyer, who got to ask them very uncomfortable questions. It would flood the courts to let people do that. Every single case could have additional sue-the-opposition's lawyer case. Everyone hates the opposition's lawyer. Better to not start it, even if it is Yoo.
The gay couple in the Ninth Circuit - that case hasn't even gone anywhere yet - some administrator denied the provision of benefits because he thinks he has to in order to follow the law.
And outrage on any legal case should be taken with a huge grain of salt. It's just being exploited for its apparent outrageousness because the government does what it always does.
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