The Supreme Court Just Quoted Spider-Man

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Spiderman attends "The Amazing Spider-Man 2" Be Amazing Day Volunteer Day at I.S. 145 Joseph Pulitzer on April 25, 2014 in the Queens borough of New York City.
Spiderman attends "The Amazing Spider-Man 2" Be Amazing Day Volunteer Day at I.S. 145 Joseph Pulitzer on April 25, 2014 in the Queens borough of New York City.Mike Pont—Getty Images
By Maya Rhodan

A Supreme Court justice cited an unusual source in a decision handed down Monday: Spider-Man.

With all eyes on the nation’s highest court over upcoming decisions gay marriage and Obamacare, the reference was a rare moment of levity from Justice Elena Kagan.

The reference came in her decision on Kimble v. Marvel, in which the court declined to overrule decades-old precedent that kept patent-holders from collecting royalties after a patent expires. In her opinion, Kagan noted the principle of stare decisis, which holds that court’s should hesitate to overturn their own precedents.

What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: “Spider- Man,” p. 13 (1962) (“[I]n this world, with great power there must also come—great responsibility”).

The quote comes not from a legal expert, of course, but from Uncle Ben, who is trying to guide a young Peter Parker to use his superpowers wisely in Amazing Fantasy No. 15, the comic which features the first appearance of Spider-Man. Supreme Court justices also have superpowers, but they come from a Senate confirmation vote, not a radioactive spider bite.

In her opinion, Kagan also quoted the 1967 Spider-Man TV show theme song: “The parties set no end date for royalties, apparently contemplating that they would continue for as long as kids want to imitate Spider-Man (by doing whatever a spider can).”

Read the full opinion here.

How Gay Life in America Has Changed Over 50 Years

June 26, 1964 issue of LIFE magazine.
June 26, 1964 issue of LIFE magazine. Caption reads: "A San Francisco bar run for and by homosexuals is crowded with patrons who wear leather jackets, make a show of masculinity and scorn effeminate members of their world. Mural shows men in leather."Bill Eppridge—LIFE Magazine
June 26, 1964 issue of LIFE magazine.
June 26, 1964 issue of LIFE magazine. Caption for full-page photo reads: "Two fluffy-sweatered young men stroll in New York City, ignoring the stare of a 'straight' couple. Flagrant homosexuals are unabashed by reactions of shock, perplexity, disgust."Bill Eppridge—LIFE Magazine
June 26, 1964 issue of LIFE magazine.
June 26, 1964 issue of LIFE magazine. Caption for top left photo reads: "When Hollywood police closed 'gay' haunts near Santa Monica Blvd. bar, Barney Anthony put up a sign warning homosexuals. 'I don't like 'em,' he says. 'There's no excuse. They'll approach any nice-looking guy. Anybody does any recruiting, I say shoot him. Who cares?'"Bill Eppridge—LIFE Magazine
June 26, 1964 issue of LIFE magazine.
June 26, 1964 issue of LIFE magazine. Captions read: "A police officer in tight-pants disguise waits on a Hollywood street to be solicited by homosexuals cruising by in cars. Decoy officer and partner lead handcuffed homosexual away in Hollywood. When arrested for soliciting, he burst into tears."Bill Eppridge—LIFE Magazine

 

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