What to Say If You Raise an Argument for First Time at #SCOTUS Oral Argument
From today’s transcript in Shapiro v. McManus: MR. SULLIVAN: I think the important thing is the amendments that we pointed out in our brief are – were significant changes in — in the structure and meaning of the statute. But I was responding to Petitioners’ argument that this Court can simply look at the words “not required” and know immediately what they mean from reading the prior case law. And I don’t think that will be an effective process for this Court if it gives full — JUSTICE SCALIA: It’s a winner for you — it’s a winner for you if those prior cases say what you say they say. MR. SULLIVAN: I hope so, Your Honor. And I hope you’ll remember that. JUSTICE SCALIA: Well, it should have been in your brief. I mean, you should have made that point in your brief. MR. SULLIVAN: Well, you know, I’m trying to … Continue reading What to Say If You Raise an Argument for First Time at #SCOTUS Oral Argument
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