To sum up my views on the oral arguments today: we saw it coming. Justice Sotomayor lined up in exactly the position she was expected take and the same goes for each of the other eight Justices. In the end, it looks like her position will be a minority one.

Solicitor General Kagan did a fantastic job for her first oral argument. Her position was a difficult one and the Justices who disagree with her position certainly held no punches. Chief Justice Roberts, in particular, went after her position and commented on some aspects of the SG’s uncomfortably paternalistic position. Admittedly though, this was an interest set of arguments because each Justice seemed more clear than usual in the position they would be taking.

I’d recommend this set of oral arguments to anyone with an interest in the Court. The parties made some pretty interesting, well-laid out claims. As soon as we get the transcript I’m sure the (laugher.) count will be very high. You can find an audio recording from c-span here.


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