In Judge Wald's case, it was a mixture of the traditional and untraditional.
Since the early 1990's, Judge Wald has made almost a second career out of helping the new Eastern European democracies build their legal systems.
The Dyce opinion only compounded the problem, Judge Wald asserted.
One Administration official said the President would "love to" go back and try to persuade Judge Wald.
"You need people who know how a courtroom works - what the basic elements of a crime and of evidence are," Judge Wald said.
"Most of the basic questions in the case seem to have been laid out by then," Judge Wald said.
"To my mind," Judge Wald added, "this reading does not impose nearly enough scrutiny on 'integration.' "
"That's the only reason I am doing it," said Judge Wald, adding, "there will be plenty to do just judging."
The first to move was Judge Wald.
That's a setback for the Clinton administration; Judge Wald has won wide and unstinting respect.