Week in Review

This week was largely taken up with my bench trial on Thursday,
which did not, after all, only take one day, because the judge had
to leave at 12:30. So this coming Friday, we'll put on the other
half or so of our case, and the other side will put on their case;
I think we can finish Friday, but it will probably take most of the
day. It's a closed hearing, so unless it makes the papers (I hope
not, because that would mostly likely mean that things went
horribly wrong), no details will be appearing here—it
concerns a person who pled not guilty by reason of mental disease
or defect to a crime.

On Friday, I saw



a noteworthy oral argument. New York enacted a
law that took effect at the start of the year; if an employer
already offered prescription drug coverage to its employees, then
it had to include coverage for prescription contraceptives. There
was an exemption for religious employers, but various
Catholic-affiliated charities sued, claiming that the exemption was
too narrow, among other things. Our office is defending the law, of
course, because that's what we do; two of my co-workers have the
case, though only one argued. The court heard argument on
plaintiffs' motion for a preliminary injunction and defendants'
cross-motion for summary judgment. (Well, heard speeches, more
accurately; the judge asked one question, by my count, on a side
issue.) Now, to win on a preliminary injunction, one of the things
you need to show is a likelihood of success on the merits; and to
win on a summary judgment motion, you need to show that there are
no undisputed material facts and that you are entitled to win as a
matter of law. The judge could deny both motions and send
it to trial, but given this posture, the judge will at least have
to give a strong signal which way he is leaning. My colleague gave
an excellently clear and dynamic argument, and we'll all be waiting
eagerly to see what happens.

(A very similar California law was upheld before the trial and
intermediate appeal courts, and is currently pending before
California's highest court.)

Current events this week: Hurricane Isabel generated a little
rain and some wind Friday, and that was it. And the dog was
thrilled that Chad was home this weekend because his conference was
rescheduled. Chad did heavy yard work, and I did, hmmm, not much of
anything, really. Oh, I made cookies because the neighbors stopped
by for dessert tonight (and the dog pulled three off the table
where they were cooling and ate two. Apparently she doesn't know or
care that chocolate chips are bad for her . . .
).

I'm also getting hit hard with the Swen
virus, which is unusual for me; I'm not in any Outlook address
books to speak of, so usually I don't get hit with Windows-based
viruses. (Usenet addresses appear to be a source, so I think that's
it.) I use MailWasher as a
spam filter (free or pay, Windows, POP3 or Hotmail; I really like
it), and it's catching them all with a pretty simple filter, which
I offer here if you're having this problem too: if your program
filters on body text, tell it to dump anything with "latest version
of security update" and "September 2003 Cumulative Patch".

[ Edited to correct the filter: that's "September
2003, Cumulative Patch" (note comma), which by itself appears to be
sufficient, actually. ]

Entertainment this week: watched DVD episodes from the first
season of A&E's Nero Wolfe series, The
Doorbell Rang and Champagne for One. The series
isn't perfect (too much yelling, and no-one ever takes off their
hats, which drives me nuts), but it captures the spirit very well,
and it's too bad A&E canceled after the second season.