By Prof. Timothy R. Johnson, Jerry Goldman
The country's most sensible criminal newshounds touch upon and examine the most vital oral arguments in fresh courtroom historical past
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Extra info for A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court
I see the tender graces of motherhood feeling. I hear the assertion of youth speaking out— justice scalia: I see the mother paying out in municipal taxes what she might be buying food for her child with. [laughter] mr. barrett: Balance that if you will, Your Honor, between perhaps the sharpening right there of democracy’s rusty instruments. Can I speak of the spoken word and the sparks that come from it? Can I speak of reason and the glitter that lightens our minds? Can I speak of the shiny sword of reason that ousts tyranny from among us?
After considerable sparring with Justices Kennedy and Scalia, Stubbs confessed that he wasn’t sure that the Constitution required an indigence exception for parade permits, but Forsyth County had one anyway, however ambiguous. It is basic but nonetheless crucial for lawyers arguing before the Court to remember that the principles they ask the Court to adopt will be applied in many other circumstances, a concept never lost on the justices. At this point in the argument, Justice David H. Souter exposed (what seemed to me as) the greatest constitutional in‹rmities in the Forsyth County ordinance.
Stubbs: Yes, ma’am, we believe that, and we do— justice o’connor: Do you think that this ordinance does that when it doesn’t extend it to a group that has no assets? While the Nationalist Movement claimed that its total assets amounted to around ninety dollars, O’Connor went on to draw out that under the ordinance, the county’s indigence exception applied only to individuals, not organizations. ” Blood in the water. Justice Anthony M. Kennedy smelled it. ;)) justice kennedy: What is the principle upon which you base your conclusion that there must be an indigent waiver?
A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court by Prof. Timothy R. Johnson, Jerry Goldman