- 61 - HALPERN, J., dissenting: I cannot join the majority’s opinion for the following reasons. I. Our Obligation as a Court of National Jurisdiction Is To Decide This Case as We Think Is Right Three strikes and you’re out! Is that the new rule? According to the majority: “Suffice it to say that, in light of the reversals of this Court’s decisions by three different circuits, we now decide that we will accede to the result in those appellate decisions”. Majority op. p. 16. Finding it unnecessary “to winnow out the differences in our analyses in our prior cases and those of the Courts of Appeals that have reversed us”, id., and seeing “no reason in the instant case to adopt either the rationale of the Fifth and Eighth Circuits, on the one hand, or of the Sixth Circuit, on the other”, id., and with no further analysis than that, the majority overrules a result that we reached on three separate occasions and which, by virtue of our role as a trial court of national jurisdiction, governed us in cases appealable to 9 out of the 12 Courts of Appeals. A judge is supposed to reach his or her opinion by a process of “reasoned elaboration”, striving to reach what he (or she) thinks is the right result.1 Because we are a court of national jurisdiction, we face unique problems in dealing with the opinions of the various Courts of Appeals. In Central Pa. Sav. 1 Hart & Sacks, The Legal Process: Basic Problems in the Making and Application of Law 143-152, in particular 149-150 (1994); Schauer, “Opinions as Rules”, 62 U. Chi. L. Rev. 1455, 1465 (1995).Page: Previous 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 Next
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