Title : "Justice Samuel A. Alito Jr. just wants you to know: The leaker didn’t come from the conservative wing of the court...."
link : "Justice Samuel A. Alito Jr. just wants you to know: The leaker didn’t come from the conservative wing of the court...."
"Justice Samuel A. Alito Jr. just wants you to know: The leaker didn’t come from the conservative wing of the court...."
Writes Ruth Marcus in "The aggrieved Justice Alito points fingers but offers no proof" (WaPo).Alito didn’t name names but freely assigned motive. “It was part of an effort to prevent the Dobbs draft … from becoming the decision of the court,” he said. “And that’s how it was used for those six weeks by people on the outside — as part of the campaign to try to intimidate the court.”
Nice work, because this is the kind of inchoate smear that is impossible to defend against....
Ah! Can we have a general rule against inchoate smears?! They're impossible to defend against, so it's scurrilous to make them. Think hard before agreeing to the rule. How will you feel when it's used against you or someone you like? And what about the unintended side effects? If smears must be not be inchoate,* then sometimes, instead of blind items or silence, you'll get names.
And yet, don't we all know which name Alito was naming? He named without naming. Is that decorous or sleazy?
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* I considered writing "choate," which is not a word, but it's usable and understandable when you've got some reason to be jocose, as you can illustrated in the OED entry for the word:
An erroneous word, framed to mean ‘finished’, ‘complete’, as if the in- of inchoate were the Latin negative.
1878 O. W. Holmes Let. 9 Dec. in Pollock-Holmes Lett. (1942) I. 11 Several of the State Courts have left equally amusing slips in the Reports... I have read in a California volume that the wife on marriage acquires an inchoate right of dower which by the death of the husband becomes choate....1929 W. S. Churchill in Times 13 Feb. 16/1 How could the peoples know?.. What choate and integral conviction could they form?
Alito didn’t name names but freely assigned motive. “It was part of an effort to prevent the Dobbs draft … from becoming the decision of the court,” he said. “And that’s how it was used for those six weeks by people on the outside — as part of the campaign to try to intimidate the court.”
Nice work, because this is the kind of inchoate smear that is impossible to defend against....
Ah! Can we have a general rule against inchoate smears?! They're impossible to defend against, so it's scurrilous to make them. Think hard before agreeing to the rule. How will you feel when it's used against you or someone you like? And what about the unintended side effects? If smears must be not be inchoate,* then sometimes, instead of blind items or silence, you'll get names.
And yet, don't we all know which name Alito was naming? He named without naming. Is that decorous or sleazy?
___________________
* I considered writing "choate," which is not a word, but it's usable and understandable when you've got some reason to be jocose, as you can illustrated in the OED entry for the word:
An erroneous word, framed to mean ‘finished’, ‘complete’, as if the in- of inchoate were the Latin negative.
1878 O. W. Holmes Let. 9 Dec. in Pollock-Holmes Lett. (1942) I. 11 Several of the State Courts have left equally amusing slips in the Reports... I have read in a California volume that the wife on marriage acquires an inchoate right of dower which by the death of the husband becomes choate....1929 W. S. Churchill in Times 13 Feb. 16/1 How could the peoples know?.. What choate and integral conviction could they form?
Thus articles "Justice Samuel A. Alito Jr. just wants you to know: The leaker didn’t come from the conservative wing of the court...."
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