Raymond A. Foss Poems

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How will the case go
How will we ever know
It depends

On the totality of the circumstances
The best interest standard
Clear and convincing
Strict scrutiny
Middle Tier
or simply rational basis

Or is it the members of the court
or their latte that day
When my brief was before them
the issue I care about
sweated over, to be right on
precedent and theory

the fact pattern that I am reading
clock ticking in the Rich Room
Summer awaits but not before the last final
the magic words used or unused
vagueness or overbreadth

Oooh was it ripe
Justiciable after all
ready for the will of the court
IF it pleases the court
Tells a story
of what the plaintiff’s theory was
and Defendant’s defenses

Blue book sing for me
be clear, concise, rich issues
facts and law blend
to spin the story
taking every branch, fork in the road
until Time is called.
Hopefully it is enough.
But it depends.

Written 5/9/02, as I prepared for my 2nd semester of law school finals. It is almost always, "it depends".

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