The Continuing Argle-Bargle
In last week's opinion in Obergefell v. Hodges, the U.S. Supreme Court again broke new ground and has taken an action that will be debated for years to come. It finally used the word "huh?" in an opinion. This of…
Legal Writing
The Argle-Bargle Over This Jiggery-Pokery Is Pure Applesauce
As you likely know by now, the Supreme Court has voted 6-3 to reject a challenge to the Affordable Care Act a.k.a. Obamacare, over a strong dissent by Justice Scalia. The opinion in King v. Burwell involves important issues of…
It “May Appear to Some to Be a ‘Rant’ of Sorts”
In a Facebook post, Tamah Jada Clark, the author of the now-legendary pleading entitled “To F— This Court And Everything That It Stands For,” expresses puzzlement as to why that pleading “has now, apparently, become a ‘big deal.’” She also suggests that “there is…
“To F— This Court and Everything That It Stands For”
Pretty self-explanatory, but I’m going to explain it anyway.
NoYouCantWriteABriefLikeThisToGetAroundTheWordLimit
Appalling.
Judge Criticizes “Behemoth Pleadings”
Here are some words & phrases that you really don't want a judge to apply to anything you file: sprawling behemoth surplusage larded with brims with masquerading as voluminous breathtaking madness chokes the docket intended to overwhelm labyrinthian prolixity of…
Minor Wordfoolery, Way Updated
I was pleased to see that far more respectable personage Prof. Eugene Volokh also noticed and commented yesterday on Justice Kagan’s use of “way” as an adverb in the Omnicare case. (I mentioned it at the end of this post.) It was…
Court: Obligation to Make Sense May Not Be Delegated to Client
Here's a more interesting decision by the Supreme Court, although maybe "decision" is the wrong word. The question is: if your client insists on filing something that is complete gibberish, do you have to agree, or do you have an…
Minor Wordfoolery in Today’s Supreme Court Opinion
Surely, not since “Holy $h*t, Man Walks on #&*ing Moon” has there been such a riveting headline, but hey, I noticed this and here it is. This is my three-thousand-three-hundred-and-fifty-first post, cut me some slack here. The Omnicare opinion released today…
Tenth Circuit Forced to Diagram Congressional Sentence
"Few statutes have proven as enigmatic as 18 U.S.C. § 924(c)," says the Tenth Circuit to kick off its opinion in United States v. Rentz. Hard to see what it's complaining about: (c) (1) (A) Except to the extent that a…