I’ve never seen an opinion start like this. Have you?
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The concurrence is actually worth covering because it is a good lesson in the power of dicta (there is none).
ReplyDeleteSo what is supposed to happen is that the Court's opinion, before it is released, is supposed to be proofread to make sure it says what the majority of the Court actually decided. Even if the author is really in love with two paragraphs, he cannot intentionally leave in stuff the Court does not agree with. If you don't like it you can always retire!
ReplyDeleteOntological onanism
ReplyDelete