Balkinization  

Saturday, May 28, 2005

Lingle v. Chevron -- the short version

Mark Tushnet

"Never mind." (In memory of Emily Litella.)

Comments:

The Agins "substantially advances" test is in good company. In fact, the late, great Ms. Litella frequently opined on hot-button Supreme Court issues of the day, including:

"busting schoolchildren" ("I'm here tonight to speak out against busting schoolchildren. Busting schoolchildren is a terrible, terrible thing. I hear this is going on all over the country. Mean policemen arrest little children and put them in jail in the wrong neighborhood, so they can't even play with their little friends. Imagine, busting schoolchildren! The food in jail isn't good, and even though they get bread, I don't believe they can get toast. Or nice cake. Now, who will tuck them in? Where will they hang their leggings? Where will they set up their little lemonade stands? Well, they don't have toys in jail, except maybe...");

"endangered feces" ("What's all this fuss I hear about endangered feces? That's outrageous. Why is feces endangered? How can you possibly run out of such a thing? Just look around you - you can see it all over the place. And besides, who wants to save that anyway?");

"ending the deaf penalty" ("What is all this fuss I hear about the Supreme Court decision on a 'deaf penalty'? It's terrible. Deaf people have enough problems as it is...");

and even "presidential erections" ("What's all this fuss I hear about 1976 presidential erections? I know that they erected a monument for Mr. Lincoln and President Washington, but that's because they're dead! Hopefully, the 1976 president won't be dead, so he won't need an erection . . .").
 

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