Monday, May 3, 2010

Why don't more judges write like this?

The Ninth Circuit just issued an opinion discussing whether a jail was a detention facility within the meaning of a certain federal statute. The majority took about 7 pages to say that it was not. Chief Judge Kozinski disagreed in about 8 pages. But the first paragraph of his dissent is just wonderful writing:
Freud is reported to have said that sometimes a cigar is just a cigar. And a facility used for holding prisoners prior to trial is a pretrial detention facility. The Religious Land Use and Institutionalized Persons Act (RLUIPA) covers prisoners held in certain kinds of institutions—defined to include both correctional facilities (such as prisons and jails) and pretrial detention facilities. Souhair Khatib was held in a facility where prisoners are routinely detained awaiting trial and other court appearances. She was therefore held in a facility covered by RLUIPA and is entitled to its protections. This pretty much sums up the case for me. Everything below is unnecessary and you could easily skip it.
I wish more judges wrote like that.

1 comment:

Cami and Jer said...

So, did he go on after that just to satisfy everyone else?