Kozinski Dissental

September 14th, 2011

I had this sentence in an article, and it didn’t quite fit, but in order to promote the word dissental, I paste it into the blog ether:

Judge Kozinski in a dissental[1] referred to the Second Amendment as a “doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed.”[2]



[1] Dissental, a portmanteau of dissent and denial, was popularized by Chief Judge Alex Kozinski. See Above The Law http://abovethelaw.com/2011/09/grammer-pole-of-the-weak-i-respectfully-dissental/

[2] Silveira v. Lockyer, 328 F.3d 567, 570 (9th Cir. 2003) (Kozinski, J., dissenting from denial of rehearing en banc)(“ The prospect of tyranny may not grab the headlines the way vivid stories of gun crime routinely do. But few saw the Third Reich coming until it was too late. The Second Amendment is a doomsday provision, one designed for those exceptionally rare circumstances where all other rights have failed — where the government refuses to stand for reelection and silences those who protest; where courts have lost the courage to oppose, or can find no one to enforce their decrees. However improbable these contingencies may seem today, facing them unprepared is a mistake a free people get to make only once.”).