Saturday, March 18, 2006
The 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.)