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April 27, 2018


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Anthony Gaughan

I originally misidentified Scott Gant as counsel for the Interior Department. He is actually counsel for the petitioner, David Patchak. I've corrected it above. I'm grateful to Dan Lewerenz for pointing it out!

Zvi S. Rosen

It's kind of jarring to read a transcript of oral argument from before 1939, for instance this one:

The justices barely spoke, although that case is a somewhat extreme example.

Anthony Gaughan

Thank you for your comments, Zvi, and the link to the 1936 Associated Press v NLRB case. It's amazing how little the justices said during the long oral arguments. Chief Justice Hughes seemed mostly concerned with time management. But he let them argue over two days, which is remarkable. Thanks again.

Zvi S. Rosen

You're welcome! I've been working on tracking down more of the older transcripts, but they tend to be a little underwhelming, because the Justices didn't have as much to say. I think this case, with John W. Davis arguing, might also partially be an illustration of how the Court regarded him.

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