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Tuesday, March 14, 2023

Ouch. And What?

I am reading the oral argument transcript in Youngstown. Here is an actual exchange with the Solicitor General:

JUSTICE FRANKFURTER: In the Myers case there was a good deal of 'tall talk,' and in the Humphreys case the unanimous Court said that these principles were disproven.

MR. PERLMAN: The Court there--Mr. Justice Jackson pointed out in his book, "Struggle for Judicial Supremacy"

JUSTICE FRANKFURTER: I point out what the Court said.

JUSTICE JACKSON: Justice Frankfurter did not read the book.

MR. PERLMAN: I suppose I should take advantage of this opportunity to recommend it to him.

JUSTICE FRANKFURTER: Doctor Johnson said, you know, you can give a person knowledge, but not understanding.

MR. PERLMAN: If that is meant for me, it is a dirty dig.

JUSTICE FRANKFURTER: It is meant for me.

Posted by Gerard Magliocca on March 14, 2023 at 02:28 PM | Permalink


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