"I meant what I said, and I said what I meant. An elephant’s faithful, one hundred percent," Horton the Elephant said.

I loved Horton as a kid, and my kids loved him, too. For some reason, over the past few years, whenever I pondered the cigarette industry’s challenge to the Florida Supreme Court’s Engle opinion, I found myself repeating the elephant’s famous line from the Dr. Seuss book Horton Hatches the Egg. It is a silly book, and the elephant is a silly character. Clearly, most of us, including me, view the Supreme Court as an august and serious body. But the silliness of the industry’s challenge evokes silly images. And so, like Horton the Elephant, the Florida Supreme Court, in Philip Morris USA, Inc.v. Douglas, No. SC12-617 (Fla. 2013), made it clear that it meant what it said in Engle v. Liggett Group, Inc., 945 So.2d 1246 (Fla. 2006).

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