Elena Kagan, Supreme Court

Justice Kagan Cites Precedential Authority Of Comic Book

Bookmark this post because now you know the proper Bluebooking for a comic book.

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For nearly 30 years, Justice Scalia has relished his role as the most entertaining justice. His opinions, drenched in sarcasm and acerbic wit, earn a respectful nod from even the most ardent liberal. We even had a Law Revue finalist make that very point.

But Justice Kagan is unwilling to cede the class clown title to Nino. After deftly dropping Dr. Seuss into the legacy of the Supreme Court, Justice Kagan is at it again, this time dressing up the Court’s opinion in Kimble v. Marvel Entertainment with a few winks toward the comic book medium.

“The parties set no end date for royalties, apparently contemplating that they would continue for as long as kids want to imitate Spider-Man (by doing whatever a spider can).”

If you don’t get that reference, then you’re an awful person. But here:

Then Justice Kagan drops the oft-repeated (usually inaccurately) money quote:

“What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: “SpiderMan,” p. 13 (1962) (“[I]n this world, with great power there must also come — great responsibility”).”

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Jesus, Stan Lee’s even making cameos at the Supreme Court these days. Bookmark this post because now you know the proper Bluebooking for a comic book.

And lest you think this was the work of an enterprising clerk with a comic book fixation, it’s worth noting that, apparently, Justice Kagan is “a comic book fan” whose favorite film is “The Avengers,” the story of a dysfunctional group of people charged by the government with a monumental task who snipe at each other behind closed doors.

I wonder what she sees in that movie?

(As always, the full opinion is available on the next page…)

Kimble v. Marvel: Justice Kagan’s top Spider-Man jokes in a big patent case [Vox]
Justice Elena Kagan [Supreme Court Review]

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Earlier: This Citation By Justice Kagan Looks A Little Bit Fishy
Law Revue Video Contest 2015: The Finalists!

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