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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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Comments
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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