In summing up the court’s ruling, Kagan actually refers to Spider-Man language from 1962’s Amazing Fantasy No. 15, by co-creators Stan Lee and Steve Ditko, by quoting Peter Parker’s Uncle Ben:
“What we can decide, we can undecide. But stare decisis teaches that we should exercise that authority sparingly. Cf. S. Lee and S. Ditko, Amazing Fantasy No. 15: ‘Spider-Man,’ p. 13 (1962) (‘[I]n this world, with great power there must also come — great responsibility’). Finding many reasons for staying the stare decisis course and no ‘special justification’ for departing from it, we decline Kimble’s invitation to overrule Brulotte.”
(It should be noted, too, that within an easy web-sling of the Supreme Court, the original art from Amazing Fantasy No. 15 lives at the Library of Congress. This town appreciates its Spidey.)
Comic Riffs, of course, had to get an equally playful reaction from Spider-Man’s co-creator himself.
“It’s kinda nice to be quoted by the Supreme Court,” Lee tells The Post’s Comic Riffs this morning. “The next time they meet in session, I hope they remember my cameo.”
Kagan concluded the court’s ruling by writing: “For the reasons stated, the judgment of the Court of Appeals is affirmed.
“It is so ordered.”
Which is essentially her way of writing: “Excelsior!”