Monday, February 19, 2007

Brady v. PPL Montana (9th Cir. - Feb. 14, 2007)

"Dear Montana Supreme Court:

We love you. We've always loved you. Even when you break our heart.

We've twice asked you to the prom. Actually, our little brother -- the district court -- did. And twice you turned us down. By 'prom', of course, I mean the certified questions we posed to you. Both times you told us shut up and leave you alone.

Now we're asking you ourselves. Please answer our questions. It's your state constitution. We'd love to know how you'd apply it. We hate to bother you. We know you're busy with tons of other suitors. But give us a shot, baby. We'll be your bestest friend in the world if you say "Yes". You won't regret it.

Third time's a charm?

Looking forward to your affirmative response, we are,


The Ninth Circuit"

That, in a nutshell, is the Valentine's card that the Ninth Circuit sent to the Montana Supreme Court here.

We'll soon see whether love -- or strike three -- blossoms from this affair.