28 Hours
I probably shouldn’t be admitting this, but if I can’t blog with y’all, then how do I share the smiles? Paloma A. Capanna. My middle name should be “Analysis.” (It’s not.) But, like Jackson Pollock before me, words are my art form and fixing things is my raison d’etre. Which is a Joycean, stream-of-consciousness way of saying: it’s time to let loose!
I just spend the prior 28-hours (straight, no chaser) writing the last words of my Reply to the Second Circuit Court of Appeals in Gazzola v. Hochul. Fear not! For this case, the last night is always an all-nighter (something I did not do in college, by-the-way). I do the 10 pm-ish Cheerios with farm-fresh whole milk, send Kevin off to bed, and start my C-shift.
This time, I had a 7,000 word limit to which opposing counsel graciously agreed to an “expanded” (technical, court term for it) filing of 9,500 words. Good thing I thought of that on Monday, which is when drafting began. I sat down Monday morning and wrote nearly 4,000 words without blinking.
Stephen Stamboulieh, who is the lead attorney for Antonyuk II v Nigrelli, was last night on a live stream event, and he said words to the effect of “unbelievable” – that he hoped the court briefs we all write mattered because it is “unbelievable” how much time it takes to write one. I took that comfort straight into the Delilah hours. (Along with Sock Monkey, in case you’re wondering.)
Now that I’m in the confessional, I can practically hear you asking, “How do you do it?”
(It’s okay, we’re all old enough that I know you don’t mean that as a compliment, but as a Doris Day version of “Are you nuts?”)
Yes, I think you have to be, if you’re going to practice appellate litigation in federal court on civil rights issues that matter – you have to be a little nuts. My brand is keep a Mounds in the freezer for emergencies (or celebrations). Make another cup of tea (don’t switch to coffee!). Have a Cherry Coke about 8:30-ish (while you’re still solidly feeling like you still have plenty of time). Colored pens, Sharpies, a fresh box of ¼” bright yellow highlighters, of blue ink pens, and Ticonderoga black pencils, plus the sticky notes you treated yourself to because color helps creativity.
Now every male litigator I know tells “war stories” like every guy I know who hunts prattles on about “the one that got away.” But, for this particular week, my drama is nursing a jellyfish sting! Got it two weeks ago, today, thought I did pretty good after about 48-hours. Then two days ago, poof!, more than 30 little bubbles popped up all at once. (Vinegar compresses, in case you’re wondering.) I played Twister at my desk, papers everywhere and my left foot, propped up on a classic, stripped beach towel. No time to go to Urgent Care (although I did look up the nearest one and the hours, this being my first – did you hear me already say it? – jellyfish sting).
Thank you for sharing this petit break with me while I wait on the printer to send me the proper proof of my work. It will be filed this afternoon, and I’ll put up a free, downloadable PDF copy, in case you’re looking for something to read. The State doesn’t have a right to respond (they could motion for permission to do so, but that’s pretty rare). Oral arguments are March 20 at 10 a.m. and you should be able to listen live. Five cases. My case, Gazzola v. Hochul, is one. It will be an historic moment for the Second Amendment. (And yes, I absolutely will be getting consistent sleep and eating organic all the way to the front door.)
And, if you haven’t already (and you wouldn’t mind), will you please toss a few dollars in “Pass the Hat?” Unfortunately, professional printing services are not inexpensive. It’s the major expense of the case. We could do to raise another $1,000 ahead of next Monday. What do you say? And did you grab a copy of my new White Paper? It’s “Hochul’s War: The Fuse is Lit.” Will walk you through the war that’s raging in New York, basics on the eight lawsuits with more than 100 plaintiffs and 20 law firms trying to undo laws passed summer 2022, and more. Click on and order! We’ll be packing book orders for shipping, soon as the Reply is filed.
Annnnnd there’s the e-mail proof. Dashing off. Thank you for spending a few minutes with me. Counting down to March 20… 10 --
