But who won the war?
“I meant what I said, and I said what I meant.” (Horton Hatches The Egg, Dr. Seuss (1940))
Sometimes, though, if we accept Horton’s statement as true, there’s room to wonder if the judge(s) said what they meant when one considers the consequences of what the judge(s) said to the next case with slightly different facts, even if the result is what the judge(s) seem to have intended in the particular case.
That is, if one applies what the judge(s) said for what they said.
Those of you who know the Quinn v Leathem aphorism might consider it. The rest of you could look it up. It’s on this blog.
A brief digression into politics and philosophy, both moral and realpolitik.