Much to agree with here -- but just to double down on the pedantry, Alito’s quote from Kagan’s opinion isn’t a situation in which the usual Bluebook conventions would require an ellipsis to indicate his omission. The quote from Kagan’s opinion is being used as a clause in Alito’s own sentence (rather as a full sentence in Alito’s text) so no indication of the omission is required.
Thanks for an in-depth analysis of the stay, and Alito’s dissent. We talked about the dissent today, and some called it a type of advisory opinion. It’s crystal clear where Alito stands when this case returns in the future.
Your points about the shadow docket are excellent. Would there be less use of the "unexplained decisions" if the court decided those could NOT be used as precedent?
Alito's eliding of the quote without any indication (such as "...,) would be frowned at if done by law student in a moot court brief or a lawyer in any thoughtful court. I suspect Alto is not completely at fault here: the "cleaned up" movement may have given this particular justice the mistaken idea the references to cases, whether by citation or quotation don't have to be accurate and honest if the truncated reference serves his effort at a n argument. I believe accuracy matters, both to understanding the import of the reference and more importantly to being able to trust that the use of the reference is made in good faith.
Much to agree with here -- but just to double down on the pedantry, Alito’s quote from Kagan’s opinion isn’t a situation in which the usual Bluebook conventions would require an ellipsis to indicate his omission. The quote from Kagan’s opinion is being used as a clause in Alito’s own sentence (rather as a full sentence in Alito’s text) so no indication of the omission is required.
Oof. Good call. Fixed, and thanks for flagging!
Thanks for an in-depth analysis of the stay, and Alito’s dissent. We talked about the dissent today, and some called it a type of advisory opinion. It’s crystal clear where Alito stands when this case returns in the future.
Justices Alito and Thomas are so corrupt.
Your points about the shadow docket are excellent. Would there be less use of the "unexplained decisions" if the court decided those could NOT be used as precedent?
Just preordered your book, btw.
The Bushes did a number on the court -- along with tfg.
Alito's eliding of the quote without any indication (such as "...,) would be frowned at if done by law student in a moot court brief or a lawyer in any thoughtful court. I suspect Alto is not completely at fault here: the "cleaned up" movement may have given this particular justice the mistaken idea the references to cases, whether by citation or quotation don't have to be accurate and honest if the truncated reference serves his effort at a n argument. I believe accuracy matters, both to understanding the import of the reference and more importantly to being able to trust that the use of the reference is made in good faith.