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oral argument

On Liberty: Kennedy and Verrilli in Oral Argument in Health Care Case

March 29, 2012

If there is one constitutional principle that Justice Anthony Kennedy is devoted to it is the principle of "individual liberty." In oral argument yesterday Solicitor General Donald Verrilli took an opportunity to address that concept.

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Oral Argument on the Individual Mandate: Justice Kennedy's Questions

March 27, 2012

In this post I set forth all of the questions that Justice Kennedy asked the three attorneys at oral argument today in the health care case. Evaluate for yourself which way this "swing justice" is tending.

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2011-2012 Supreme Court Term: Oral Argument by Amicus Curiae on the Anti-Injunction Act

March 26, 2012

The Supreme Court heard oral argument today on the issue of whether the Anti-Injunction Act applies to the individual mandate of the Affordable Care Act.  The transcript of oral argument is available here.  The bottom line is that it looks like the Supreme Court will proceed to the merits and decide whether the individual mandate [...]

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2011-2012 Supreme Court Term: Oral Argument in FCC v. Fox, continued

March 5, 2012

Two days ago I summarized the issues in this case.  Yesterday's post described the Solicitor General's presentation to the Supreme Court in oral argument.  Today I describe the television broadcasters' arguments to the Court, through their attorneys Carter G. Phillips and Seth P. Waxman.  The transcript of oral argument is available here.

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2011-2012 Supreme Court Term: Oral Argument in Fox v. F.C.C.

March 4, 2012

I described the First Amendment issues that are at stake in this case in yesterday's post. Today's post summarizes what occurred during the government's presentation at oral argument in FCC v. Fox on January 10, 2012. The transcript of oral argument is available here.

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2011-2012 Supreme Court Term: Oral Argument in MBZ v. Clinton

March 1, 2012

Like most of the cases this year, oral argument in this case featured a very active bench.  Justices vigorously questioned both attorneys; my impression is that they were much tougher on the attorney for the petitioner, and much less satisfied with his answers.  I think the President will win.  The question is whether he will [...]

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2011-2012 Supreme Court Term: The Government's Defense of the Stolen Valor Act at Oral Argument in United States v. Alvarez

February 26, 2012

The principal doctrinal division in this case is whether "false statements of fact" are a "historically unprotected category of speech.  The principal practical division arises from the attempt to identify the "harm" that the government is seeking to prevent by prohibiting people from lying about earning military honors.  Oral argument exposed those divisions.  Today I describe [...]

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Health Care Financing Reform (127): Oral Argument in Fourth Circuit in Virginia Health Care Cases

May 11, 2011

Oral argument was held yesterday before the Fourth Circuit Court of Appeals in two cases involving the constitutionality of the Patient Protection and Affordable Care Act.  You may listen to a recording of the oral argument here.

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2010-2011 Supreme Court Term: Oral Argument in Arizona Christian School Organization v. Winn

November 13, 2010

     Arizona law grants taxpayers a dollar-for-dollar tax credit for contributions to School Tuition Organizations (STOs) that fund tuition scholarships for children to attend school.  The three largest such organizations are affiliated with religious schools.  The Arizona taxpayers challenging this law contend that the program violates the Establishment Clause of the Constitution because it is, [...]

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2010-2011 Supreme Court Term: Oral Argument in Schwarzenegger v. Entertainment Merchants Association – Violent Video Games

November 3, 2010

     Yesterday the Supreme Court heard oral argument in Schwarzenegger v. Entertainment Merchants Association, in which the State of California is defending a law prohibiting the sale or rental of certain violent video games to persons under 18.  Here is a link to the transcript of the oral argument; the discussion among the justices and [...]

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Oral Argument in NASA v. Nelson, the Informational Privacy Case

October 10, 2010

     Last Wednesday the Supreme Court heard oral arguments in NASA v. Nelson, in which employees of the Jet Propulsion Laboratory have challenged the authority of the government to ask certain questions in order to obtain clearance to work.  Soliciter General Neal Katyal represented the government, and attorney Dan Stormer represented the employees.  Here is a [...]

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Oral Argument in Snyder v. Phelps, the Military Funeral Protester Case

October 9, 2010

     On Wednesday, the Supreme Court heard oral argument in the case of Snyder v. Phelps, in which the parents of Lance Corporal Matthew Snyder sued the Westboro Baptist Church and members of the Phelps family for their outrageous behavior during Matthew's funeral.  This case presents several difficult questions under the First Amendment, and the [...]

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