Read e-book online A Good Quarrel: America's Top Legal Reporters Share Stories PDF

By Prof. Timothy R. Johnson, Jerry Goldman

ISBN-10: 0472033263

ISBN-13: 9780472033263

The country's best criminal journalists touch upon and learn probably the most very important oral arguments in fresh courtroom heritage

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Additional resources for A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court

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Thomas voted to reverse. Stevens, the senior justice on the winning side, got to assign who would write the opinion for the Court. He gave it to Blackmun, who announced the 5-4 decision on June 19, 1992, eighty days after the case had been argued. Blackmun’s opinion for the Court follows closely the concerns expressed during the oral argument by Justice Scalia (whose vote he failed to pick up) and Justice Souter’s concern that the fee could operate as a heckler’s veto. The problem for the Court was that the county adminis- 38 | a g o o d q ua r r e l trator had “unbridled discretion” to determine how much to charge for police protection or administrative time—or even whether to charge at all.

It can affect the scope of a decision or a dissent, and it accords the justices their only meaningful opportunity to communicate with one another. ) In fact, Justice John Paul Stevens has been known occasionally to borrow the recordings of oral argument and listen to them in his car on the way home from Court. , Wasby, D’Amato, and Metrailer 1976; Johnson 2004; Johnson, Spriggs, and Wahlbreck 2007). While a good argument might on rare occasions turn the Court around, other factors beyond the advocate’s control are much more dispositive, such as the inherent merits of the case and whether the argument presented happens to coincide with the evolving attitudes of the Court’s members.

This quote and those that follow from the November 7, 1991, press conference are from the author’s notes of the event. 44 | a g o o d q ua r r e l question presented 1. Has the Supreme Court overruled Roe v. S. 113 (1973), holding that a woman’s right to choose abortion is a fundamental right protected by the United States Constitution? There was no question 2. ” Indeed, Linda Greenhouse (1992) later wrote, “The strategy that the abortion-rights side brought to the Supreme Court . . ” But the other speakers clearly demonstrated that they all had embraced a strategy that was bold, even risky, an outright mix of law and politics.

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A Good Quarrel: America's Top Legal Reporters Share Stories from Inside the Supreme Court by Prof. Timothy R. Johnson, Jerry Goldman

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