Brian Hall v. Kathleen Sebelius

In Silver Blaze, a prized race horse disappears from its stable on the eve of a high-stakes race. By the time Inspector Gregory arrives from Scotland Yard, Sherlock Holmes is on the case.

Gregory: “Is there any point to which you would wish to draw my attention?”

Holmes: “To the curious incident of the dog in the night-time.”

Gregory: “The dog did nothing in the nighttime.”

Holmes: “That was the curious incident.”

Sir Arthur Conan Doyle, Memoirs of Sherlock Holmes 22 (A.L. Burt Co.1922) (1894). What led Holmes to conclude that the dog knew the thief was its silence. The dog did not bark. Ditto…