Just for fun, read the post and then follow the link in today’s How Appealing (posted at 12:11 PM by Howard Bashman) which states:
Counting to five under Marks v. United States, 430 U.S. 188 (1977) — now featuring Venn diagrams: Three judges issued separate opinions concurring in the D.C. Circuit’s denial of rehearing en banc in a criminal case today, and those separate opinions make for some very interesting reading.
Then ask yourself : Why didn’t Justice Sotomayor say,
“You know, we are split and splintered decisions make it real hard for lower courts to apply our law. So, since no one really knows what rule is best (and frankly this is not a huge deal anyway), I have flipped a coin and decide to side with . . . . My legacy will be just fine even if I don’t write a fancy concurrence setting out yet a third path.”
Has all common sense left the pretty building at 1 First St NE Washington, DC 20543?