Enough about the merits of Danco. Let’s talk about the formatting. Usually when an opinion has one footnote, it is not numbered. Rather, there is simply an asterisk. But when there are two or more footnotes, they are numbered.
Justice Alito’s solo dissent has two footnotes. But they are not numbered. The first footnote is an asterisk and the second footnote is a dagger.
What happened? This is a solo dissent, and there is no majority opinion. It’s not likely Alito had to reply to some argument raised by another Justice. Maybe Justice Alito wanted to use a dagger note? I’m sure someone will have an answer here. Please email me!
