Our highest courts usually have the luxury to cherry-pick which cases they will decide. And every so often, one gets the impression that such a court takes a case not because of the difficult legal issues involved, but because the judges thought, “Hey, this would really be a fun case to decide!” There was the time the California Supreme Court took up a case involving the Three Stooges (making it the only judicial decision to use the expression “Nyuk, nyuk”). Or the time the U.S. Supreme Court decided a case involving singer John Fogerty, leading Chief Justice William Rehnquist to provide a lengthy paean to Fogerty’s musical career. Which may be the best explanation why the highest court of N
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