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I was believing the story until Judge Oscar Mayer got involved.
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Eventually, the justices went back to the Batcave to deliberate. The Court was split 4-4 on strict taste-test lines. It was up to Burger to cast the deciding vote. Burger cast his vote in favor of maintaining the current double spelling practice. In his majority decision he quoted Benjamin Franklin, "It mattereth not how Ye chuse to spel particular Words in our language, Nay, what mattereth is that We calleth a spade a spade". Writing the dissenting opinion, Justice Felix Frankfurter noted: "That's stupid Burger! WTF? Should we start spelling Mustard 'mouseturd?'