The title quote is from a letter from Pascal.
The time deadlines in the McDaniel case are mighty tight. Cochran’s lawyers (new ones keep appearing on the Supreme Court docket with regularity) have less than a week to file their brief, and so when I saw they’d sought additional pages, I thought of the quote in the title.
But, no, they have a better basis, and, with the amicus already eroding his oral argument time, it’s got to give McDaniel more reason to wonder if having an amicus is such a good thing. Their motion states:
By Order dated September 22, 2014, the Court granted the Motion of the Conservative Action Fund Seeking Leave to File Brief as Amicus Curiae. Appellee’s response to that brief must be included in Appellee’s Brief pursuant to Miss. R. App. P. 29(c). The Comment to Miss. R. App. P. 29 contemplates that the Court may allow additional pages under these circumstances. See Comment, Miss. R. App. P. 29 (“If the court grants leave to file [an amicus curiae brief] . . . it may condition leave by extending the number of pages permitted under Rule 28(h) for the opposing party’s next brief.”)
And so they get 10 extra pages, as requested.