Starcraft Co. v. C.J. Heck Co. of Texas, Inc.

Long experience at the bar and on the bench has taught that counsel and their clients expect — indeed are entitled — to have the claims which they address to the court ruled upon by the court. Here they will search the majority opinion in vain for such rulings. The issues upon which the majority rules were neither argued nor briefed before us. They were not raised in the district court.

The majority fashions from whole cloth an “equitable” solution to a purely statutory problem. This exercise reminds me of what John Selden said nearly three centuries ago:

“Equity is a roguish thing. For Law we…