Nova- thanks for your missive. I see I was missing a good deal of the argument and the possibilites regarding "substantive due process". Not being a legal scholar - and it sounds very much as if you are-
- I appreciate your take on the matter.
With this in mind, I guess it really does come down to legislative efforts (that is what's left for us in NY now- and the hope is that our Governor-Elect- Spritzer- will get that ball rolling shortly) as well as the right kind of case presented in just the right manner.
As always: 'timing is everything'?
And Zerbie- as you know more than enyone else: when the stakes are high the fight can be intense. Glad you are on the frontline in your state!