Monday, December 13, 2004

Medipot Oral Argument Transcript 

For those following this case like it's covered in gravy, here's the newest goods on Raich.

Official transcripts of the oral arguments are out. Click here to download the .pdf.

UPDATE: My favorite part so far:
Justice Breyer: . . . You know, he grows heroin, cocaine, tomatoes that are going to have genomes in them that could, at some point, lead to tomato children that will eventually affect Boston.
Tomato children?

UPDATE 2: Souter knows too much.
Justice Souter: And if I'm a sick person, I'm going to say, "Look, if theyre not prosecuting every kid who buys, what, a nickel bag or whatever you call a small quantity today . . .."
I wish I had been in the room. I bet it was more like "a nickel bag [pause - face flushes slightly - then dismissively] or whatever you call a small quantity today".

UPDATE 3: Barnett was shaky from the start, but kicks it into gear later on. This bit is great:
Justice Stevens: If you reduce demand, you reduce prices? Are you sure?

Mr. Barnett: Yes.


Justice Stevens: Oh, you're right. You're right. Okay. Yeah. Yeah.
I hope that laughter was long enough to cover Stevens' furious scribbling of a supply and demand curve on his copy of the brief.

He gets even better here - hammering home the economic/non-economic dividing line:
Mr. Barnett: . . . prostitution is an economic activity. Marital relations is not an economic activity. We could be talking about virtually the smae act. And there is a market overhang for -- from private sexual relations to prostitution, but we don't say that because there is a market for prostitution, that, therefore, everything that is not in that market is economic. We look at the activities . . .
Posner would disagree. "Marital relations" (which I assume to mean banging your spouse) is clearly economic activity...right?


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