"If there's a logic to it, I haven't seen it," Robert J. Norris, a researcher at SUNY Albany who has studied compensation statutes, told me.
The mere fact that such a law, limiting the freedoms of speech, association and expression of her majesty's subjects when strolling in her majesty's parks, remains on the country's statute books, tells you that appearances can deceive.
"The statute that we have is such an unworkable, unenforceable statute," Gill told HuffPost on Tuesday.
"This suit represents the first time in our nation's history that Congress has been permitted to sue the executive branch over a disagreement about how to interpret a statute," he told reporters.
"Putting that label on it is problematic, but the conduct did violate those statutes," Kasmarek told HuffPost.
Justice Paul Pfiefer of the Ohio Supreme Court, who helped write the state's death penalty statute in 1981, told state lawmakers in December that "Ohio is no longer well served by our death-penalty statute.
"But motive has never had the significance it has under the New Jersey statute," Justice Souter told the state's lawyer.
The Supreme Court would serve the nation by giving a narrow and clear interpretation of the material support statute, and by telling Congress to start over on the honest services law.
"The cold words of the statute do not tell the whole story," said Mr. Hess, who at several points cited the legal opinions written by people not traditionally viewed as friends of the Giuliani administration, such as Fritz Alexander, a former judge who had served as a deputy mayor under David N. Dinkins.
"We will introduce, in the next Queen's speech, a Great Repeal Bill that will remove the European Communities Act from the statute book," she told the newspaper, which said it should take place in April or May.
