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Whereas, and Michigan v. Long

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The lawyers, Bob, know too much.
They are chums of the books of old John Marshall.
They know it all, what a dead hand wrote,
                     *        *         *
In the heels of the higgling lawyers, Bob,
Too many slippery ifs and buts and howevers,
Too much hereinbefore provided whereas,
Too many doors to go in and out of.
           -- Carl Sandburg
The whereases may provide one less door to go out of after today's Supreme Court decision in Hawaii v. Office of Hawaiian Affairs. The unanimous opinion by Justice Alito reaffirms that where the operative language of a statute is clear, the preface clauses do not add operative effect not otherwise there.

Of interest for federal habeas practice is a reaffirmation of federal jurisdiction where a state-law ruling is intertwined with federal law.

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