It's rare that I'm surprised at a result. Typically, you can tell where the case is headed after a paragraph or two. And certainly after three or four pages. Sure, the Court of Appeal may not have actually said anything of substance yet. But, usually, merely by reference to how they've framed the case, you can tell which way it's coming out.
But not here.
Indeed, I was sufficiently surprised at the outcome that I wonder whether the draft opinion before oral argument had the case coming out the other way. 'Cause Justice Benke's opinion definitely reads as if she's zigging. Even though she ends up zagging.
Interesting stuff. Read it and see what you think.
