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Monday, November 14, 2011

Calling Daniel Webster

Gerard N. Magliocca

I'm struck by the fact that there will 5 1/2 hours of oral argument on the Affordable Care Act! When was the last time a case got that much time? It's very 19th century.

Comments:

This comment has been removed by the author.
 

The 1976 death penalty cases comes to mind -- you had a handful of laws there and something like that.
 

The Supreme Court of the United Kingdom still routinely holds day-long or several-day oral arguments in most of the cases that it hears. See, for example, http://www.supremecourt.gov.uk/docs/michaelmas_term_2011.pdf
 

I was not aware that the hours were so short in this line of work.
 

Funnily enough, I also reached for the Daniel Webster analogy in contemplating the Court's decision to grant 5.5 hours of oral argument --

http://justenrichment.com/2011/11/14/5-5-hours-of-argument-time/
 

Paul Clement is the new Daniel Webster
 

Is mls':

"Paul Clement is the new Daniel Webster"

comparative to the Fugitive Slave Law of 1850?

Or perhaps to the Charles River Bridge case?
 

Nah, i just thought I would say it and see what kind of reaction I got
 

Arizona v. California, 373 U.S. 546 (1963), had about twenty two hours of oral arguments. Id. at 551.
 

mls':

"Nah, i just thought I would say it and see what kind of reaction I got"

might be a tad DEVIL-ish.
 

There are a few leading SC advocates today and Clement is one of them.

Webster, however, was also a politician and public figure on that level, and Clement isn't a "Webster" in that fashion.

The original jurisdiction dispute cited by Jon might warrant an asterisk. That sort of case is of a somewhat different caliber than a usual dispute of the "this is a small college, sir, but we love it" affair. [I paraphrase] But, still, that's a good find!
 

A vid of our "modern day Webster" debating our "modern day [Story?]" can be found here:

http://www.scotusblog.com/2011/11/evening-round-up-3/#more-132047

BTW, with all the discussion on the insurance requirement, it would be interesting if more people and blogs covered the other issues, especially the little talked about Medicaid issue.
 

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