Jia Aili: Serbonian Bog
Misery Loves Company or Our Favorite Judicial Quotes on the Complexity of Medicaid
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"This is a case that does not belong in this court. It involves three governmental agencies federal, state and city and centers about regulations so drawn that they have created a Serbonian bog from which the agencies seemingly are unable to extricate themselves."
Feld v. Berger, 424 F.Supp. 1356, 1357 (S.D.N.Y. 1976). [Judge Weinfeld's "Serbonian bog" reference is a favorite of judges and attorneys and refers to Milton's "Paradise Lost." ["Serbonian Bog has been referenced in over 222 state and federal court decisions since 1847. If you really want to satisfy your inner law nerd, see : "Surveying the Serbonian Bog: A Brief History of Judicial Metaphor," by Parker B. Potter, Jr., 28 Tul. Mar. L.J. 519 (2003-2004)] |
Renowned Federal District Court Judge for the Southern District of New York -- Edward Weinfeld (1901 - 1988).
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“As program after program has evolved, there has developed a degree of complexity . . . regulations which makes them almost unintelligible to the uninitiated . . . [a] draftsman who has gotten himself into a position requiring anything like [§139a(a)(10)(A)(ii)(VIII)(cc)] should make a fresh start.” Friedman v. Berger, 547 F.2d 724, 727, n.7 (2d Cir. 1976), cert. den., 430 U.S. 984 (1977). |
Second Circuit Court Judge Henry Friendly. Judge Friendly committed suicide a year after his wife of 55 years died and he was in poor health. (1903-1986)
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“[O]ne of the most completely impenetrable texts within human experience” and “dense reading of the most tortuous kind.” Rehab. Association of Virginia v. Kozlowski, 42 F.3d 1444, 1450 (4th Cir. 1994). |
4th Circuit Chief Judge Samuel James Ervin, III (1926 - 1999). Son of Wategate Prosecutor Sam Ervin.
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