Clearly, Justice Kennedy is flailing a bit: the first declarative is wild, especially insofar as it depends on the second, which repeats the formal conceit about the independence of PACS that no one believes. … And the lack of logical entailment from one sentence to the next is almost painful. However, these strange stipulations and leaps of logic can also be explained by the radically new set of meanings for which the justice is reaching and for which a new idiom must be crafted.

Wendy Brown, Undoing the Demos, loc. 345