Many have noted Chief Justice Roberts’ 40-question dissent in Caperton v. Massey. It came in for a lot of criticism at the recent conference on judicial elections I attended in Seattle, with one speaker (not me!) calling the dissent “sophomoric.”
Well now John Elwood, writing in The Green Bag, lets us in on some additional questions (not heretofore seen) in the Chief’s dissent: “The Chief’s dissent listed 40 questions not answered by the majority opinion, ranging from ‘How much money is too much?’ to ‘How many days after a date should you wait before calling?’ and ‘What color socks are you supposed to wear with khakis and oxblood loafers, anyway?'”
Suffice it to say, Justice Kennedy did not answer these questions in the opinion for the majority.