Bench Memos

Re: Marriage Lawlessness in Oregon

It’s no surprise that poor writing often accompanies poor thinking, but this closing passage (emphasis added) of Judge McShane’s opinion stands out, all the more so as McShane evidently is trying to be eloquent:

Where will this all lead? I know that many suggest we are going down a slippery slope that will have no moral boundaries. To those who truly harbor such fears, I can only say this: Let us look less to the sky to see what might fall; rather, let us look to each other … and rise.

If you’re “going down a slippery slope,” you’re not likely to be looking “to the sky to see what might fall.” I’m not quite sure what it means for a slope to have “boundaries,” but your fear would be that the bottom is a long way down or that you’ll be badly injured during the slide. 

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