Take it Across The Street!

June 22nd, 2015

I continue to be enamored by Justice Kagan’s writing. Rather than sticking with the usual blasé admonishment that parties should seek redress from Congress, instead of the Courts, if they don’t like a statute, Justice Kagan took advantage of the unique geography that is First Street N.E.

What is more, stare decisis carries enhanced force when a decision, like Brulotte, interprets a statute. Then, unlike in a constitutional case, critics of our ruling can take their objections across the street, and Congress can correct any mistake it sees.

Often when I write about the Court and Congress, I draw the parallel of First Street to indicate how close, yet how far the bodies are away. This is a great locution.

Later in the paragraph, she draws a closer connection between Congress, with a nice pun on “court.”

Absent special justification, they are balls tossed into Congress’s court, for acceptance or not as that branch elects.

Today is also a great study between the different styles of the Chief and Justice Kagan. Kagan’s colloquial and warm style is so distinct from Roberts’s deliberate and precise manner. Both attempt humor—Kagan with funny asides, Roberts with witty retorts. They are both a joy to read.