Addressed at the person, rather than the argument. I feel justified in whacking the argument as hard as it deserves. That is not impuning the individual that made the argument. Susan swain do you prefer opinion rather than dissent . Justice scalia of course. I always want to write a majority. Why do you want to write a dissent . Hey, dissent is more fun to write, because when you have dissent, it is yours. You say what you want. If nobody was to join, it is my dissent, i will say what i want to say. When you are writing a majority, you do not have that luxury. You got to craft it in a way that at least four other people can jump on and actually you try to craft it in a way with as many people as possible want to jump on. Which means accepting some suggestions, stylistic and otherwise that you do not think is the best, but nonetheless in order to get everybody on board, you take them. Susan swain we have a few minutes left. We are talking at a time when the court will leave a a member w
Regarding our legislature at the current moment as a model to be followed. [laughter] [applause] and second, however was understood at the beginning, the government was to protect our liberties, but there was always the idea when i think about the declaration of it is truee, also that the great protection the press now has came rather late. The First Amendment was developed in a serious way around the time of the First World War it began. So the freedom that is enjoyed today, freedom to speak and write, it was not a big ticket item in the Supreme Court until rather late. Justice scalia it was a big ticket item mostly because, until the middle of the 20th , it was not thought that the bill of rights applied to the states. It was only a limitation on what the federal government could do, not a limitation on what the states could do. That is why we never had until the middle of the 20th century these cases about whether you can have a creche in the city square. Is it ok if you have a meno
Of the time. The center of the building, what is really the reason the building is here is the audience chamber, where we all argue. As the august nature of that chamber suggests, it has a c ceiling so high you can barely see it from the ground. That is the center of the court, of course. Susan swain lets talk about what goes on in that court and the process of oral argument can you talk about how you use oral argument and why, in fact when there is so much paper before hand on making all of these cases, oral argument is even needed . Justice scalia a lot of people have the impression it is just a pony show. I read a 60 page brief by the petitioner a 60 page brief by , the respondent, a reply brief, some very often, an amicus brief, some very often by the solictor general. A dozen other briefs not all of , which which i will read, and i have seen passages where there is nonsense in the margin what someone can tell me in half an hour will make a difference. The answer is it is probably
Blog a lot. We have demographic information about our readers as most websites do. We have a relationship with them exclusive write content for their users, their subscribers. But the principal focus is heyve made a judgment that advertising Bloomberg Law on scotus law has economic value. Social ey think its a good. You cant lose sight of the fact that bloomberg made a decision for this was something good the country. They may be right, they may be wrong. Calculus. Part of the theyre unbelievably good to us. This is another unusual thing about a sponsor. They give us money and they ask nothing of us. Thats a remarkable relationship to have. Sponsored by ings Bloomberg Law. Try and highlight what it occasionally. They have decided to finance this operation. Numbers is not something i want to discuss contractual e relationship. But yes, it does finance the existence. They dont put constraints on us so long as the people understand the blog itself is exclusively sponsored by them. What ot
Decision, how it came about. But it just never happens. Think that it probably was either a justice or injustice is relative because nobodys going to discipline them for talking to the press, but it law clerk it could really be a career ending move for a law clerk to talk to the press and give that kind of information. Why did it happen this time . I think the emotions were so , there was so much there were a lot of conspiracy theories especially when the decision did come out and it seemed so anomalous for the court to declare the affordable on onet constitutional part of the constitution and constitutional under another part, i think people were looking for the explanation behind these behind this particular decision. My suspicion is that it was a justice or injustice is a close relative. I will ask pete to jump in. Why arent you getting stories like this on a regular basis . Lets keep our eye on the ball here. The sort of scoops that one values from the Justice Department is what th