From today’s transcript in Shapiro v. McManus: CHIEF JUSTICE ROBERTS: I mean, the other alternative is it’s a three-judge district court, and then we have to take it on the merits. I mean, that’s a serious problem because there are a lot of cases that come up in three-judge district courts that would be the kind of case – I speak for myself, anyway– that we might deny cert in, to let the issue percolate. And now with the three-judge district court, no, we have to decide it on the merits… JUSTICE BREYER: I as far — as far as I understand it, his strongest argument on the other sidewould roughly go – he didn’t put it this way — like this: On your side is the fact, well, why wouldn’t a three-judge court decide a very important question of law in this area? On the other side of it is that, well, you just have left, in three-judge courts primarily, almost exclusively, reapportionment issues, which are specially political. And to put these all, you know, they are very — because of the opinions you point out in Vieth,– … Continue reading Chief Justice Roberts, and Justices Breyer and Alito on Key Role of 3 Judge Courts in Political Cases
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