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> Justice Elena Kagan tackled that very example during Monday’s oral arguments, comparing it to a hypothetical medical test: > > > So you’re going in for
by joeframbach 3y ago
> Justice Elena Kagan tackled that very example during Monday’s oral arguments, comparing it to a hypothetical medical test:
>
> > So you’re going in for a medical test and you receive something from the hospital, and it says, to receive this test, the patient should not, and then, you know, it has a list of things that the patient shouldn’t do, and it says the patient shouldn’t eat any food, drink any liquids, *and* smoke. So I’m going to assume…that you’re not a smoker. Do you feel perfectly able to eat and drink as much as you want?
That isn't happening, though. I was curious so I looked at the last paperwork I have my hands on. It said "Do not:" and then there was a bullet point list, no conjunctions. I don't think it's ambiguous, and Kagan's argument here is disingenuous.
- ghayes 3y agoIn the above referenced example, it would say “or” if it means what Kagan implies. Cut it down to two items: “Do not: drink and drive” clearly allows the exclusive use of either.
- Someone 3y agoNo sample can guarantee it “isn’t happening, though”, let alone a n = 1 one, and the judge was mentioning a hypothetical medical test.
- deadbeeves 3y agoCan you remember a single time in your personal life when someone has given a list of prohibitions joined by "and" instead of "or"?
- Someone 3y ago“Don’t drink and drive” is the canonical example.
- deadbeeves 3y agoThat's not a list of prohibitions, though. It's a single prohibition: drink and drive is the one thing you shouldn't do.
- gnicholas 3y agoI reacted the same way to this hypothetical. It seems strange to pose a hypothetical that is missing one of the key elements of the original structure. Couldn't the Justice and her clerks come up with something more on-point? (Relatedly, should I have written "or her clerks"?)
- firebat45 3y agoI would also argue that the wording of her hypothetical test is terrible and that it clearly should use "or" instead of "and".