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More tyranny I like
Quote:
Originally posted by Sidd Finch
Kennedy, Schmennedy.
The lower courts that are going to decide 99% of these cases in the next ten years are going to decide them based on the opinion. Kennedy's concurrence will make an interesting footnote, and his conflicting view may be decisive if and when another test case reaches the Supremes, but it will make no difference in the real day-to-day battles that will be fought in the lower courts.
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If you were litigating one of those cases, and were arguing that the deal was a sweetheart deal for a developer, you would be all over that Kennedy concurrence like Bush with the 9/11 references, and it would certainly give you a hook with the trial court.
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“It was fortunate that so few men acted according to moral principle, because it was so easy to get principles wrong, and a determined person acting on mistaken principles could really do some damage." - Larissa MacFarquhar
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