I concur with the adoption of the “community caretaking” doctrine, but dissent to the plurality’s result, which does not apply it."Dissent to"? I hadn't seen that before, which led me to wonder whether I'd been incorrectly writing "dissent from" all these years.
Bryan Garner, at least, says I'm okay:
dissent, v.i., takes from or against, not to or with.("Against" being "idiomatic but relatively uncommon.")
The idea of "dissenting with" reminds me of the apocryphyal Churchillian blue-pencilling of a memo: "We do not fight 'with' the Germans. We fight either for or against them."
... Those who follow crim pro need to read this one for the plurality's take on the "community caretaking" doctrine. I confess to being surprised that a driver *can't* be pulled over for driving too slowly in the left-hand lane. I've been tempted to perform a few citizen's arrests myself on that theory.
When it comes to the English language--particularly the legal variety--I trust Garner 10 times out of 10. I trust few of our justices running in an election year--except for "Bubba Pierce, whom I never trust--to be either logical or grammatically sound.
ReplyDeleteOh, I don't know. Garner's done a workshop or two for the justices, and seems to have converted some to the citations-in-footnotes style he champions. I think the last Pierce op I read used that. So they do take advice.
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