Thursday, June 19, 2008

Dicta?

Dicta is the term that lawyers use to explain excess verbiage in an opinion from a court that provides guidance to understanding the opinion, but is itself not considered to be the law of the case. In a case that just came down from the SCOTUS that I agree with the majority, I do have to appreciate the dicta of Justice Scalia, even if he is in the dissent:
Rather, the dignity at issue [in this case] is the supreme human dignity of being master of one’s fate rather than a ward of the State — the dignity of individual choice.

"Master of one's fate." What a concept!

But I doubt that it will catch on.

2 comments:

Wulfgar said...

Steve, I respectfully submit to you that the Great Writ, applied to all, is precisely in keeping with the virtue of remaining the master of one's own fate. I suspect that on this we might agree.

Steve said...

Indeed Sir!