Wednesday, October 17, 2018

"We do not speak for the people; we speak for the Constitution."

That was Chief Justice Roberts last night at the University of Minnesota.  The Star Tribune has the details:
Roberts' advice to lawyers who submit briefs to the court: Keep it short. When he gets a brief shorter than the 50-page limit, Roberts joked that he'll pause, look to see who the lawyer is and say to himself, "Whoa, I like her." Shorter briefs also tend to be better written and focused.
When lawyers come for oral arguments, he urged dispassion: Don't push back against hypotheticals from the justices. That way, he said, the lawyers and justices can figure out the issues together.
Stein asked Roberts why he put a Bob Dylan quote in an opinion: "Was it just to make the opinion more interesting?"
Roberts said, no, but it was to make a point understandable for those who aren't lawyers. The line: "When you have nothing, you've got nothing to lose." He was explaining that to file a lawsuit against someone, you must have something at stake in the fight.
Stein asked Roberts if he heard from Dylan, but the chief justice said no. Roberts, however, did get into a dispute with the New York Times over his polishing the line from Dylan's singing, "When you ain't got nothing."
The audience, packed with dignitaries including former Vice President Walter F. Mondale and the entire state Supreme Court, was warm to Roberts. During the question-and-answer session from college students, he faced inquiries about how he stayed motivated in law school, what he thought of the Socratic method and "what is race?"

1 comment:

Anonymous said...

" . . . And of course, we speak first and foremost for the large corporations, especially since we as a Court have determined that corporations have Constitutional rights to free speech and religious freedom that can and do trump the constitutional rights of individuals."