TaxProf Blog

Editor: Paul L. Caron
Pepperdine University School of Law

A Member of the Law Professor Blogs Network

Saturday, March 18, 2006

Supreme Court Releases Transcript of Oral Argument in Cuno

Supreme_court_4The Supreme Court has released the transcript of the oral argument in Cuno v. DaimlerChrysler, Inc., 386 F.3d 738 (6th Cir. 2004), cert. granted, Nos. 04-1704 & 04-1724.  The case involves the constitutionality of Ohio's investment tax credit (as well as the procedural question of Respondents' standing).  Among many interesting exchanges was this between Peter Enrich (Northeastern; Counsel for Respondents) and Justice Scalia:

Mr. Enrich:  In a footnote in Flast [v. Cohen], the Court specifically says, "Having now decided that there's Establishment Clause standing, we can also reach the free-exercise question without discussing whether there would be independent standing."

Justice Scalia:  I had not recollected that footnote. I will -- I will find it. I don't read footnotes, normally.

(Hat Tip:  Kristin Hickman.)

http://taxprof.typepad.com/taxprof_blog/2006/03/supreme_court_r.html

New Cases | Permalink

TrackBack URL for this entry:

http://www.typepad.com/services/trackback/6a00d8341c4eab53ef00d8345b104a69e2

Listed below are links to weblogs that reference Supreme Court Releases Transcript of Oral Argument in Cuno:

» Guess Nino Didn't Give Up Cursing for Lent from Wonkette
Because Wonkette is a family blog with just a soupcon of assfucking were showing you this G-rated picture of Justice Antonin Scalia, with all five fingers raised. Justice Antonin Scalia goes hunting with Dick Cheney. But in case... [Read More]

Tracked on Mar 27, 2006 12:24:40 PM

» Guess Nino Didn't Give Up Cursing for Lent from Wonkette
Because Wonkette is a family blog with just a soupcon of assfucking were showing you this G-rated picture of Justice Antonin Scalia, with all five fingers raised. Justice Antonin Scalia goes hunting with Dick Cheney. But in case... [Read More]

Tracked on Mar 27, 2006 3:55:16 PM

Comments

So What! Presently, I am reading a long tome of a book (Robert Fisk's latest , The Great War for Civilization) This book is loaded with footnotes of which, I'll read one in ten. Scalia has a handful of clerks to scan the footnotes. He isn't required to read everything. Get a life!

Posted by: Freddie dean | Mar 18, 2006 8:36:30 PM

Freddie, are you a Supreme Court justice? How many millions of people will be affected by your reading and understanding of Fisk's tome?

Posted by: heraldblog | Mar 19, 2006 5:50:01 AM

Actually, this is pretty cool. Maybe the other justices can try and get Scalia to sign on to perfectly non-controversial opinions and then bury stuff like defenses of Gay Marriage and Roe V. Wade in the footnotes!!!!

Posted by: David Flores | Mar 19, 2006 6:30:32 AM

hmmm, wasn't his footnote reference a tongue-in-cheek joke about the famouse footnote 14?

Posted by: andy | Mar 19, 2006 8:41:55 AM

Sounds to me like Scalia was joking. He is famous for this sort of facetious remark.

Posted by: Aaron | Mar 19, 2006 10:18:42 AM