Thursday, September 12, 2013

Hegelian opinion drafting

So a case walks into the Court of Appeal raising an issue that is pending at the Supreme Court in five other cases. What should the Court of Appeal do? Sit it out, pending a Supreme Court opinion? That could take years! Nope, the Constitution says to decide cases, so that's just what 4/2 does here, with this stylish introduction:
Because we have no guidance from the Supreme Court, and because we cannot rely on the decisions of our sister courts, we are forced to analyze the issue independently. Obviously, no matter which side we come down on, reasonable minds could differ; the Supreme Court will have the final word. Nevertheless, we explain our reasons, as we are constitutionally required to do (Cal. Const., art. VI, § 14), in the hope of contributing to the grand dialectical process of the common law.

Georgie Willy Freddy Hegel
would be proud.

And here's the Light Brigade.