FW: Did the dissent in the health care case misuse an Alexander Hamilton quote?

[Joel S. Berson]

My guess is that the wet-behind-the-years law clerk(s) didn't get
Hamilton's sarcasm.  And that the ignorant Supreme Court dissenters
didn't realize the statement was inconsistent with Hamilton's known
Federalist sentiments, and check.  But the responsibility is the
judges', not the clerks' -- after all, they signed the opinion.

Or did they?  Did I read that the author of this dissent was *not*
identified?  Rather, it was merely subscribed to by the four dissenters?

The image of a law clerek deliberately inserting malware is
intriguing.  As is the image of the dissenters deliberately
distorting Hamilton's position.

Joel

At 7/6/2012 05:15 PM, Baker, John wrote:
>Most Supreme Court opinions are actually drafted by law
>clerks.  These are young lawyers who typically have been out of law
>school for only a year or two (during which time they would have
>clerked for judges at lower courts) and spend only one year clerking
>for a Supreme Court Justice.  I wonder if a dissident clerk
>deliberately included in this land mine in the dissent.
>
>
>John Baker
>
>
>
>-----Original Message-----
>From: American Dialect Society [mailto:ADS-L at LISTSERV.UGA.EDU] On
>Behalf Of Joel S. Berson
>Sent: Friday, July 06, 2012 5:03 PM
>To: ADS-L at LISTSERV.UGA.EDU
>Subject: Re: FW: Did the dissent in the health care case misuse an
>Alexander Hamilton quote?
>
>At 7/6/2012 04:36 PM, Shapiro, Fred wrote:
> >Aficionados of quotation misuse may enjoy this blog posting:
> >
> >http://sbmblog.typepad.com/sbm-blog/2012/07/did-the-health-care-dis
> senters-misuse-a-federalist-quotation.html
> >
> >Fred
> >Shapiro<http://sbmblog.typepad.com/sbm-blog/2012/07/did-the-health-
> care-dissenters-misuse-a-federalist-quotation.html>
> >
> >------------------------------------------------------------
> >The American Dialect Society - http://www.americandialect.org
>
>And these are the judges who claim to be the only correct
>interpreters of "original intent"!  They don't even understand the
>18th century's rhetorical use of sarcasm.
>
>Joel
>
>------------------------------------------------------------
>The American Dialect Society - http://www.americandialect.org

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The American Dialect Society - http://www.americandialect.org