Today’s Transcripts
The transcript of today’s argument in Burgess v. United States (06-11429) is now available here.
The transcript of today’s argument in United States v. Clintwood Elkhorn Mining Company (07-308) is now available here.
The transcript of today’s argument in Riley v. Kennedy (07-77) is now available here.
In Burgess, another terrific oral argument by Jeff Fisher. Remarkably, the assist to the SG, Nicole Saharsky, submitted for the respondent in under ten minutes.
Comment by Peter Goldberger — March 24, 2008 @ 4:43 pm
I am impressed by the court reporter in Riley v. Kennedy. To spell “Whac-a-Mole” correctly, in same-day transcript, is quite impressive. I would have assumed it was “Whack,” “Whak” or “Wack”
Comment by Sam Heldman — March 25, 2008 @ 6:41 am
Yes, and congratulations to the lawyer for pulling out the Whac-a-Mole analogy. The purpose of pre-clearance was to put the burden of proving 15th amendment legitimacy on the state rather than the victim of discrimination. Roberts’ idea of a safe harbor is completely ahistorical and just strengthened his image of partisan mean-spiritededness.
But what about Scalia pulling out the Republican form of government clause? He didn’t even use that in Bush v. Gore. And how do you argue the original constitution against the 15th amendment? It’s like arguing property rights against the 13th amendment.
I think Alito and Kennedy will go along with the respondents, so we’ll be spared another oral dissent on race by Breyer, but what I’d give to still have Marshall in the conference.
Comment by Roger Friedman — March 25, 2008 @ 7:51 am