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Thursday, June 12, 2008

Justice Kennedy as Yoda

I'll leave it to Steve and others to do the interpretation-and-translation heavy lifting of today's decision in Boumediene.  My question is, what to make of this sentence from Justice Kennedy's opinion:

Remote in time it may be; irrelevant to the present it is not.

Did the Justice run his draft though this Yoda-speak generator?

Posted by Rick Garnett on June 12, 2008 at 03:23 PM in Constitutional thoughts | Permalink


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He had to warp his mind in order to produce logic that yielded his opinion, and tortured grammar was the consequence.

Posted by: Yardley Rand | Jun 13, 2008 12:30:26 AM

I had exactly, exactly the same thought when I read that line. My theory: all the talk of "the [Authorization for the Use of Military] Force" and "aliens" may have brought it on. I have yet to test this against his Hamdan opinion.

Posted by: Edward Swaine | Jun 12, 2008 5:21:48 PM

Rick -- Hilarious... it's odd -- I'm not a Kennedy-phile, but this reads differently from those of his majority opinions with which I am more familiar... I wonder if I am just hallucinating, or if he did something different here...

Posted by: Steve Vladeck | Jun 12, 2008 5:10:00 PM

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