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To: iceskater

“that was part of Roberts’ individual opinion, not the opinion of the court and therefore does not change a thing”

That’s called obiter dictum, and it doesn’t formally have legal power. But to be fair it can, if future decisions treat it like precedent. Which has happened often, most notoriously with the infamous and evil Footnote Four from US v Caroline Products.


98 posted on 07/05/2012 8:52:19 AM PDT by Tublecane
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To: Tublecane
That’s called obiter dictum, and it doesn’t formally have legal power.

I once heard Shuttle astronaut Owen Garriott on my ham radio receiver, while sitting in a parking lot in St Joseph, Michigan.

I called his words an orbiter dictum.

108 posted on 07/05/2012 9:20:09 AM PDT by Erasmus (Zwischen des Teufels und des tiefen, blauen Meers)
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To: Tublecane

OK. So, I’m not a lawyer. You may be right.

I’m afraid I don’t know what you’re talking about with your reference to the ‘infamous and evil Footnote Four from US v Caroline Products’. Please enlighten me. Or will it send me over the edge again? The Obamacare decision has about done me in.


129 posted on 07/05/2012 4:04:16 PM PDT by iceskater (The clock is ticking....November's coming.)
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