[blindLaw] Core Values

Sai sai at fiatfiendum.org
Thu Nov 3 21:18:26 UTC 2022


Believe in long term law, not just short term outcomes.

Personally I have a very simple test for it:

1. Describe a case where you approve of the practical outcome, but you
disagree with the legal holding.
2. Describe a case where you disapprove of the practical outcome, but agree
with the legal holding.


For me that's easy. Just off the top of my head:

1. Hollingsworth v. Perry, 570 U.S. 693 (2013), aka the California Prop 8
case.

Held that the proponents of the anti same sex marriage proposition didn't
have standing to defend it when the government refused to defend it,
thereby defaulting the proposition into defeat and allowing same sex
marriage in California. I strongly disagree with the bigoted proponents of
Prop 8, but if the government refuses to defend a law that the citizens
enacted, the citizens (i.e. the proponents in this case) should have the
right to do so, otherwise people can't effectively pass laws that the
government doesn't like (e.g. against gerrymandering), leading to capture
of the government by itself.


2. National Federation of Independent Business v Occupational Safety and
Health Administration, 21A44 (2021), aka the COVID vaccine mandate case.

Held that OSHA didn't have the authority to pass a COVID vaccine mandate,
thereby overturning it. OSHA doesn't and shouldn't have the authority to
pass general health mandates (and there's a pending cert petition against
TSA's claim that it does, Corbett v TSA). But people getting vaccinated is
in fact a good policy to have, and it sucks that fewer people would get
vaccinated due to OSHA's rule being overturned.




My point is that if you're doing law, you should care about the effects of
your arguments in other situations, where the people involved are
different. You shouldn't create precedent that gives you a short term win
but undermines the collective interest overall.

And yes, that is in tension with some interpretations of the duty to what's
best for an individual client.

Sincerely,
Sai
President, Fiat Fiendum, Inc., a 501(c)(3)

Sent from my mobile phone; please excuse the concision and autocorrect
errors.

On Thu, 3 Nov 2022, 20:28 Roderick Thomas via BlindLaw, <blindlaw at nfbnet.org>
wrote:

> Sure! If you were going to start your own law firm, what are five to ten
> core values, which you would not compromise. The core values must be, so
> important that you use them as an instrument to interview possible
> employees.
>
>
> Yours Truly,
>
>
> Roderick Thomas
>
> On 11/3/2022 9:43 AM, Sanho Steele-Louchart via BlindLaw wrote:
> > Good morning. You said "as a blind attorney." Can you say more about
> what you're looking for?
> >
> > Sanho
> >
> >
> >> On Nov 3, 2022, at 7:43 AM, Roderick Thomas via BlindLaw <
> blindlaw at nfbnet.org> wrote:
> >>
> >> Hey Guys, I am developing a list of five core values, which I could
> use to build a law firm as a blind attorney. Does anyone have any
> suggestions I could use? I am willing to discuss further outside of the
> list serve. Just email me at rthomas48 at gmail.com.
> >>
> >>
> >> Yours Truly,
> >>
> >>
> >> Roderick Thomas
> >>
> >>
> >> _______________________________________________
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