I concede that this short opinion of mine does not consider or take into account the majority opinion. So I should disclose at the outset that I have not read it. I suppose this is unusual, so I explain why.Well, at least he feels a need to explain. I'm waiting for a federal judge to do the full Bartleby the Scrivener routine and say "I would prefer not to."
July 14, 2007
Writes Dennis Jacobs, the Chief Judge of the 2d Circuit Court of Appeals. (Via Eugene Volokh.)