Friday, March 4, 2011

Scalia better start uping his game...

According to Slate: "Chief Justice John Roberts is hilarious." 


An excerpt:  The chief spent the better part of the hour poking fun at AT&T's claim that the adjective personal means the same thing as the noun person, such that the statute's treatment of corporations as "persons" means that corporations are also somehow capable of getting "personal." As he explained at argument, that claim makes no sense. "I tried to sit down and come up with other examples where the adjective was very different from the root noun," he observed at the time. "It turns out it is not hard at all. You have craft and crafty. Totally different. Crafty doesn't have much to do with craft. Squirrel, squirrely. Right? I mean, pastor—you have a pastor and pastoral. Same root, totally different."


Today's majority opinion continues this same jolly monologue, musing—with copious citations to Webster's that "[t]he noun crab refers variously to a crustacean and a type of apple, while the related adjective crabbed can refer to handwriting that is 'difficult to read,' " and goes on to observe that "corny can mean 'using familiar and stereotyped formulas believed to appeal to the unsophisticated,' which has little to do with corn, ('the seeds of any of the cereal grasses used for food')."