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Isn't that "special"?

Isn't that "special"? What differentiates a "special concurrence" from an ordinary, run-of-the-mill concurrence? A ruling that a three-judge panel of the U.S. Court of Appeals for the Eleventh Circuit issued today raises that question, as two of the three judges on the panel "specially concurred" in the lead opinion of the third judge.

The author of the first special concurrence states that he joins in the lead opinion in full, making the concurrence perhaps somewhat less special than if it had sought to accomplish something utterly bizarre. And the second of the two special concurrences offers no reasoning whatsoever, suggesting that it is little more than an ordinary (and therefore not particularly special) concurrence in the judgment.

In news coverage of the substance of the ruling, The Associated Press reports that "Amnesty International wins round in speech lawsuit."

Full post as published by How Appealing on February 23, 2009 (boomark / email).