In My Opinion: Does The Chief Judge Do The New York Times Crossword Puzzle?
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When was the last time you used "hugger-mugger" in a sentence? Do you even know what it means? I did not until last week's Thursday New York Times crossword puzzle. In the puzzle, "hugger-mugger" was used as a clue (at 12 Down) for "sly." In an opinion released yesterday morning, Chief Judge Easterbrook, in writing for a panel that reversed a criminal conviction, wrote (on page 11): "If Indonesia had not so recently been subject to an arms embargo, then hugger-mugger alone might permit a jury to infer knowledge that a license was required." It appears Chief Judge Easterbrook is invoking a definition different from sly - probably more in the nature of "confusion." Maybe its just a coincidence, particularly given the very different meaning, but he did also write, in 1996: "[A] newspaper deprived of access to the New York Times crosswords puzzles can find others, even if the Times has the best known one." Paddock Publications v. The Chicago Tribune, 103 F. 3d 42 (7th Cir. 1996). Anyway, it is a fun word and I am glad it made its way into an opinion.
