It was in a legal writing class 7 years ago when an earth-mother-triathlete-come-adjunct-law-professor introduced me to the tactical necessity of kissing rocks:

When kayaking through whitewater, and upon the discovery of a big honking rock in way, one must bear down and turn into the obstacle in order to avoid it.  By embracing the obstacle, or, indeed, confronting it head-on early in proceedings, you can manage your way around it.  waiting too long or doing too little...you're sure to crack your head, get stuck, drown, or at least dislocate a shoulder. 

This technique, naturally-bleached blonde opined, is urgently necessary when presenting any kind of legal argument.  there are going to be bugs in your case.  So address it early, briefly, honestly, and give people the chance to forget about it.

I am hoping that the dems, when whining about cost of health care reform, are just kissing rocks.