No to boldly mayor

The Washington Post quotes SCOTUS nominee Sonia Sotomayor: “each time I see a split infinitive, an inconsistent tense structure or the unnecessary use of the passive voice, I blister.”

Have we established that split infinities are perfectly grammatical only to have them declared unconstitutional?

I’m looking forward to the ruling on distinguishing necessary from unnecessary uses of the passive voice. Something like this, perhaps, channeling Potter Stewart?

I shall not today attempt further to define the kinds of material I understand to be embraced within the shorthand description “unnecessary”; and perhaps I could never succeed in intelligibly doing so. But I know it when I see it, and the sentence involved in this case is not that.

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