Sentences with phrase «scalia during oral argument»

«During the oral arguments last month before the Supreme Court, Justice Alito asked the Solicitor General (who was arguing that same - sex couples have a constitutional right to marry) if the Bob Jones University ruling would result in the loss of tax - exempt status of any religious school that opposed same - sex marriage.

During oral arguments, several justices questioned whether the federal anti-corruption law — also used in the Skelos case — was too vague and being interpreted too broadly.

Whereas Michael Boxer could have recommended immediate reinstatement that could have made me «whole» again, he chose to conclude his own internal report that was three years delinquent by stating that, «Serious questions are raised about Mr. Iritano and record falsification,» which was simply not true, and firmly supported by the Transit Authority's complete reversal of all misconduct allegations against me during oral argument in Appellate Court, Second Department, on May 9, 1991.

Both agencies acted with official city and state misconduct, and in both cases, honest, credible evidence was repeatedly dismissed and ignored, and so was the corruption that remains to date — where knowingly false statements were made to discredit me (then later completely reversed during oral argument by my accusers), and both the DOI investigators (who appeared at my doorstep many times to collect evidence) and MTA Office of the Inspector General investigators invited me back to their headquarters (more than six times), from 1989 to 2008), and continued to take no action to restore and reinstate my city job, pension and social security contributions.

For the first time in a decade, U.S. Supreme Court Justice Clarence Thomas spoke during oral arguments.

And if you heard the skeptical questions from the justices during oral arguments, today's conclusion comes as no surprise.

Shying away from the «quagmire» of intervention in states like New Jersey (noted from the bench during oral arguments), and citing its earlier rejection of a challenge to the state's graduation exams, the court pointedly observed that «protracted litigation» delays the progress of education reform.

During the oral arguments in Friedrichs, those same justices sounded eager to finish the job.

Students from Paddock View Residential Center watch the live feed outside the Indiana Supreme Court during oral arguments in a challenge of the state's voucher law.

During oral argument, counsel for the State of California and the State's two largest teachers unions made a number of statements that directly contradict the well - founded evidence presented during the two - month Vergara trial.

The idea for the Empowerment Account program sprang from an exchange during the oral argument in Cain v. Horne between Arizona Supreme Court Justice Andrew Hurwitz and the plaintiffs» attorney Donald M. Peters:

Legal The U.S. Supreme Court appeared divided Tuesday during oral arguments on a California law that would forbid the sale or rental of violent video games to minors.

Virginia Rutledge, counsel for The Andy Warhol Foundation for the Visual Arts (which filed a friend of the court brief in the case), told A.i.A., «The outcome can't be predicted based on questions raised during oral argument, but the Court has before it very compelling arguments for Prince's transformative use of Cariou's imagery and the significance of the First Amendment speech interests at stake, and was openly dismissive of allegations of market harm.»

«She has an inflated opinion of herself, and is domineering during oral arguments, but her questions aren't penetrating and don't get to the heart of the issue.»

She has also delved deep into the likely questions a judge or justice will ask during oral argument, often pinpointing the vulnerabilities that need to be addressed to win the case.

* A three - judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah's same - sex marriage ban during oral arguments yesterday.

The «brilliant» Evan Tager garners accolades for his «incredibly cerebral approach,» with clients describing him as «an excellent appellate writer and very good on his feet during oral arguments.»

But it really depends on how you want to feel during oral argument.

While most lawyers still refer to notes during an oral argument, the best arguments I have seen usually come straight from the attorney, with little to no reference to their outline.

«Perhaps some on the court fear that releasing same - day audio would encourage advocates (or even justices) to grandstand during oral arguments in the hopes of influencing evening newscasts,» Adler wrote.

Breaking nearly seven years of silence on the bench, Justice Clarence Thomas spoke during oral argument in Boyer v. Louisiana yesterday.

The Justices had very few questions for the attorneys representing the Fund and instead aimed most of their questions at the plaintiff attorney during his oral argument.

But I have never seen a lawyer arguing these motions ever provide a picture, a map, or a drawing of the job site during oral argument.

It has tabbed pages for each of the issues in my case, and that is what I use during oral arguments to present my case to the court.

During the oral argument, Tsleil - Waututh's lawyer Scott Smith highlighted the fact that while consultation was underway, the Government of Canada was already preparing a website to announce the approval of the project — with no alternate version of that website.

Justice Sotomayor cited the Commission's brief favorably during oral arguments, arguing that it was «a fairly simple set of rules clearly defined and limiting the application of this statute in a way that sort of makes sense» (transcript p. 13).

It was Alito's first written opinion this term, Kimberly Atkins at DC Dicta notes, adding, «The decision was not entirely surprising, given the comments from the justices during oral arguments in the case.»

It would be nice to be able to pull up the rules of civil procedure, or a certain case, during oral arguments.

During oral arguments this morning before a three - judge District of Columbia Court of Appeals panel, Chief Judge Eric Washington said he found the glasses issue to be one of the more compelling on appeal.

Additionally, counsel for both Husband and Wife conceded during oral argument that the family court never placed a value on Landscape Supply or the entire marital estate.

During oral argument, counsel for Wife advised that no such information was presented during the hearing, and opposing counsel offered no opposition to this assertion during rebuttal.

Chief Justice John Roberts has said of this trend, «It is too much...» Although, of course, no one has to worry about Justice Clarence Thomas, who has not asked a question during oral argument for eight years.

Justice Stephen Breyer expressed that concern during oral arguments in Laboratory Corp. of America v. Metabolite, a dispute that tests the scope of patentability.

In fact, during oral argument on the motion for summary judgment, Justice Schmidt allowed the plaintiff's counsel to supplement its written filings by presenting evidence to support each instance of an alleged breach of fiduciary duty.

During oral argument in an appeal of the Shaw Industries matter, two judges of the Federal Circuit closely questioned the USPTO's counsel concerning the PTAB's use of redundancy as a means to pare issues in AIA review proceedings.

Yet another issue will be on display during oral arguments at the Supreme Court next week: whether indigent defendants in capital cases must prove they need more experienced lawyers and resources before they will be provided.

The judges presiding over your appeal may ask clarifying questions to your lawyer during oral argument.

What is troubling is that the panel apparently agreed during oral argument that the lower court's stated basis for the claim construction it adopted was grammatically incorrect and contrary to well established cannons of claim construction.

U.S. District Judge Ruben Castillo granted Klinger's bid for summary judgment in December, and the Seventh Circuit affirmed his ruling, following Seventh Circuit Judge Richard Posner's characterization of the estate's argument as a «very aggressive attempt to enlarge copyright law» during oral arguments.

Thomas may be a mute during oral arguments, but yesterday he opened his heart in the safe confines of the conservative Federalist Society's annual gathering.

During oral argument, the Court clearly was concerned about the lack of a clear substantive definition on appeal for «reasonableness» in this context.

During oral arguments in the Highmark case, there was a great deal of questioning over potential disparities between cases if more deference were to be given to the district courts, and whether the Federal Circuit would deliver more uniformity.

During oral argument, the parties consented to the unsealing of the record.

Pembina produces an updated spreadsheet during oral argument which contains a list of «commitments» and outlining the positive steps it is prepared to take with respect to the Applicants» site - specific concerns.

«It's a very extraordinary animal in legal culture to have two different proceedings addressing the same question that lead to different results,» Chief Justice John Roberts said Monday during oral arguments in Cuozzo Speed Technologies v. Lee.

Justices Charles Canady and Ricky Polston sounded sympathetic to the pension fund's argument during oral arguments.

On this subsidiary issue the Chief Justice was also clear in stating that such an «invitation» should not be given as the appellate court should not go beyond raising questions during oral argument.

Yet, as Justice Berger wryly observed, neither counsel during oral argument could «shed much light» on what happens when a draft judgment is circulated to judges off the panel.

As U.S. Supreme Court Justice Ruth Bader Ginsburg said during oral argument in this case, judges should be «above the fray,» and Justice Antonin Scalia's remarks were similar, to the effect that «there are things we just don't let judges do, like publish op - eds in newspapers to respond to criticism of the court's decisions.

The justices learn for the first time what their colleagues are thinking about a case during oral arguments in that case.