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I'm sort-of not very surprised, given how often people misread this, including intentionally by people purporting to be Marxists, e.g. Leninists/Stalinists, but at the same time it's disappointing if this reporting is accurate.

The only way I could see this ruling make sense, though is if the court was saying "this is a possible interpretation, but even if we interpret it this way it doesn't matter, because ..."

It would be reasonable for the court to accept it is a reading but punt on deciding it if it's not going to change their final decision.

But I haven't looked at the original ruling, and my German is weak enough I wouldn't hazard trying to tease out that distinction in a legal ruling.



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