Raymond A. Foss Poems

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What was she saying,
“evidentiary equipoise”?
Oh, it means balanced…
{“A stable state characterized by the cancellation
of all forces by equal opposing forces”}.

Can we ever truly be at
evidentiary equipoise
where it is equally likely x and y,
the two opposing arguments
of the parties, the combatants
where a learned judge
won’t see
the better argument?
How does it fit
to see the facts
in balance
when a child
is in the balance

June 28, 2006
Schaffer v. Weast, 546 US ______ (2005) (http://www.supremecourtus.gov/opinions/05pdf/04-698.pdf)

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