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View Diary: The Catch-22 in Chief Justice Roberts' Argument (67 comments)

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  •  hopefully, he was using a straw man argument (0+ / 0-)

    method to draw out the lawyer.
    now if it was Thomas...

    •  I don't think so. I guess it's possible, though. (0+ / 0-)

      While Democrats work to get more people to vote, Republicans work to ensure those votes won't count.

      by Tamar on Thu Mar 28, 2013 at 05:17:41 PM PDT

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    •  You know, I actually have an appreciation for (7+ / 0-)

      Thomas' silence at orals.

      For one thing, I approve of our "leaders" (they're not... they're our employees) choosing to shut the fuck up. So much of what they say is self-aggrandizing bullshit, and the less said, the better.

      Less cynically, he does have a point... he has said, repeatedly, that, since cases are really argued in briefs, ie, in writing, if a lawyer can't write their brief well enough to make their arguments clear, it's not his role to rescue them.

      In a way, it can be argued to be the most respectful stance with regard to the attorneys... a brief to the Supreme Court should be the best legal writing a lawyer can produce. Letting their writing stand or fall on its own assumes that it is.

      And it's not as if he's unique in this regard. For significant portions of the history of the Republic, the Supreme Court didn't even have oral arguments.

      -Shannon

      "It is better to die on your feet than to live on your knees." -- Emiliano Zapata Salazar
      "Dissent is patriotic. Blind obedience is treason." --me

      by Leftie Gunner on Thu Mar 28, 2013 at 07:27:43 PM PDT

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      •  well, part of it is Thomas (1+ / 0-)
        Recommended by:
        apimomfan2

        already has his mind made up because his method of deciding cases is so rigid.  The same was true of William O. Douglas -- never spoke at oral argument; didn't really give a shit what anybody else thought about how the case should come out.  

        Difficult, difficult, lemon difficult.

        by Loge on Fri Mar 29, 2013 at 07:44:24 AM PDT

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    •  He Wasn't, Unfortunately (1+ / 0-)
      Recommended by:
      Denise Oliver Velez

      N/T

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