The OA on Wednesday went as well as it could have, considering both sides had filed entirely too many motions, supplementals, and responses, which incurred no small wrath from the Court.
The Third was not interested in the idea of extending DCF the right to a belated appeal. Judge Emas said, “[DCF], just think of the unintended consequences.” Judge Schwarz said, “I’m ready to dismiss everything right here and now.” And Judge Shepherd was no friendlier to the idea; in a previous OA that morning he stated something along the lines of, “Some issues are matters of first impression because they’re rare or new, but others are just arguments so ridiculous that no one would have ever reasonably tried to bring them before.”