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Saturday, January 23, 2016

Show (audibly), don't tell

Because of the Court's practices of only releasing argument audio at the end of the week, I wrote my argument recap on last week's Heffernan v. City of Paterson based only on the transcript. It was clear from the transcript how much the petitioner's attorney struggled, especially when asked about the availability of alternative state-law remedies and what those remedies would be. Listening to the audio drives home just how great that struggle was.

Posted by Howard Wasserman on January 23, 2016 at 05:52 PM in Constitutional thoughts, First Amendment, Howard Wasserman, Law and Politics | Permalink

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