The Volokh Conspiracy
Mostly law professors | Sometimes contrarian | Often libertarian | Always independent
What Is "Speed Dial"?
Justice Sotomayor used a catchy line in her dissent that most law students today will not understand.
On July 3, the Supreme Court granted the government's "motion for clarification" in Department of Homeland Security v. D. V. D. I did a quick search, and I can't seem to find any other instance where the Court granted a similar "motion for clarification." Then again, I highly doubt any district court attempted to play fast and loose with a Supreme Court order. Kudos to Justice Kagan for calling out such inferior court resistance.
I did want to point out one aspect of Justice Sotomayor's dissent. She wrote:
Today's order clarifies only one thing: Other litigants must follow the rules, but the administration has the Supreme Court on speed dial.
I thought that was an effective line. But do law students today even know what "speed dial" is? Most youths have never actually dialed a phone number on a touch tone phone, let alone a rotary phone. They all grew up with address books on their smartphones, assuming they even make phone calls. Students today have no idea why you would need a button to dial a particular phone number quickly. There is a risk to using references to technology, as those references pass. Indeed, I think the reference is speed dial is at least a decade past due.
Relatedly, I used the phrase "Rolodex" with students. I got blank stares. I was recently at a hotel with my young kids, who were playing with the phone in the room. I told them to "hang up" the phone. They had no idea what I was asking them to do. Like a clothes hanger? It has been a long time since a phone was hanging on a receiver.
Popular references seldom age well.
