Breaking: judge makes sense

I've pretty much given up on following the bizarre machinations of the judicial branch simply because I suspect none of it really makes sense, and that at the appellate level it's all just judges and justices picking the result they want and getting their clerks to write a faintly plausible sounding justification--or, if not plausible, at least one arcane and crabbed enough that no one will grasp what it means or be able to reconcile it with any other law.

Lileks described the Senate

as a place where the fizzy effervescent passions of the day are poured into a saucer, where they can go flat and get warm and sticky and attract flies. Good a definition of the Senate as any, I guess. It’s like a bowling alley with no pins, circular lanes, and nerf balls.

Once in a while, however, judges will say something worth listening to.

JYB Tailwag to Justin Levine at PP. (That's Patterico's Pontifications, for those of you who aren't "in the know". Or "able to hover your cursor over the link and figure it out".)