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THIc IS C-SPAN'S AMERICA IN THE COURTS. WEDNESDAY, THE FLORIDA SUPREME COURT HERALD ORAL ARGUMENT ON THE FLORIDA MARRIAGE PROTECTION AMENDMENT IN TALLAHASSEE....
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IS HERE ON THE REQUEST OF THE ATTORNEY GENERAL FOR AN ADVISORY OPINION. ARGUING TODAY ON BEHALF OF THc PROPOSED AMENDMENT WILL BE MATTHEW STAVER AND...
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RIGHT, MR. STAVER. >> MAY IT PLEASE THE COURT,
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MY NAME IS MATT STAVER AND I REPRESENT
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THE SPONSOR OF THE FLORIDA MARRIAGE PROTECTION AMENDMENT. WHILE MOST INITIATIVES CREATE SOMETHING
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NEW, THIS ONE PROTECTS SOMETHING OLD. IT DOES NOT CHANGE THE EXISTING LAW, IT PRESERVES THE
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STATUS QUO. >> LET ME, BEFORE YOU GET STARTED, JUST TO GET THE QUESTION -- QUESTION OUT ON THE TABLE. THE LEGISLATURE STEPPED IN LAST SESSION AND...
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OF THE VARIES REQUIREMENTS, TIMINGc NUMBER Oc SIGNATURES. >> THINGS HAVE TO BE DONE BY FEBRUARY 1. >> CORRECT. >> AND SO THAT -- AND THAT AFFECTED...
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AND THIS AMENDMENT -- WHERE DOES
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THE SIGNATURE MATTER STAND? >> IT
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STANDS AS OF THE LAST TIME LAST WEEK LOOKING AT THE DEPARTMENT OF ELECTIONS IS
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ABOUT
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453, 465,000
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SIGNATURES THAT HAVE BEEN PUT TO TALLAHASSEE. THE >>
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HAS THERE BE A CERTIFICATION BY THE SECRETARY OF STATEc >c THERE
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HAS NOT. INSTEAD OF GOING ON THE BALLOT IN 2006, THIS WOULD GO ON THE BLOT -- BALLOT IN TWIGGET. .
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Unidentified Speaker, -
WOULD YOU GIVE US YOUR VIEWS? >> YES, JUDGE ANSSTEAD. THE ISSUE IS THE SINGLE SUBJECT REQUIREMENT AND WHETHER THE TITLE AND PLATT SUMMARY PROVIDE FAIR...
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AMENDMENT IS ONE SUBJECT SOLELY ON THE ISSUE OF PROTECTING MARRIAGE. IT AROSE OUT OF -- >> JUROR OPPONENT MAKES THE ARGUMENT THAT THIS ADDRESSES TWO,...
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DIRECTLY TO THAT? >> IT ADDRESSES ONE ISSUE, THE SUBJECT MARRIAGE. IT WOULD ADDRESS, FOR EXAMPLE, SAME-SEX MARRIAGE FROM MASSACHUSETTS, WHICH REALLY...
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ONE. I MEAN, SAYING THAT, I JUST WANT
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TO MAKE SURE, AND I DO SEE IT, FRANKLY, AS
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BEING PART OF THE SAME SUBJECT, BUT THERE'S BEEN A LOT OF TALK ABOUT THINGS LIKE CIVIL UNIONS OR THINGS THAT WOULD HAVE NOT BE MARRIAGE, BUT GIVE
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| 00:05:03 |
Unidentified Speaker, -
SAME-SEX COUPLES SOME PROTECTION UNDER THE LAWS OF A STATE. IS THIS INTENDED TO ALSO PROHIBIT THAT ANY LEGAL SANCTION OF A SAME-SEX RELATIONSHIP...
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YES, OR POLYGMY OR GROUP MARRIAGE, THOSE KINDS OF THINGS. IT IS DESIGNED TO
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PROTECT THE HISTORIC DEFINITION OF UNDERSTANDING OF MARRIAGE SINCE WE'VE HAD IT IN OUR STATUTE SINCE 1829 AS THE MARRIAGE OF ONE MAN AND ONE WOMAN AS...
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| 00:06:02 |
Unidentified Speaker, -
IN WEST PALM BEACH, MONROE COUNTY, BROWARD COUNTY, AND SO FORTH. THIS DOES NOT AFFECT THAT AT ALL. THIS SUBSTANTIAL EQUIVALENT LANGUAGE IS THE IDEA...
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WOULD PROHIBIT THIS STATE FROM RECOGNIZING THAT RELATIONSHIP. >> AS MARRIAGE, THAT'S CORRECT. >> NO, I'M SAYING IT IS NOT CONSIDERED A MARRIAGE, IT...
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THAT. >> THEN WE DO NEED
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TO UNDERSTAND WHAT IS MEANT BY THE SUBSTANTIAL EQUIVALENT OF A MARRIAGE. >> I THINK, WELL, I THINK YOU LOOK AT MARRIAGE, AND AS THE LOWE CASE IN BROWARD...
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A CHALLENGE THERE TO, FOR EXAMPLE, THE DOMESTIC PARTNERSHIP LAW THAT PROVIDED SOME BENEFITS TO THE SAME-SEX COUPLES. THE QUESTION WAS DID
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| 00:07:49 |
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THAT VIOLATE THE FLORIDA DEFENSE OF MARRIAGE ACT IN 1997? THE LOW COURT CAME TO THE CORRECT
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CONCLUSION, NO, IT DOESN'T, BECAUSE THAT GIVES A NUMBER OF BENEFITS, BUT IT IS NOT THE FULL PANOPLY OF RIGHTS AND PRIVILEGES AND OBLIGATIONS AND RIGHTS...
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SUBSTANTIAL, IN ITS FORMAL DICTIONARY DIRECTION, IS TRUE, NOT FICTITIOUS. IT'S NOT LIKE LOOKING AT A VEHICLE FROM THE OUTSIDE, AND IT MAY LOOK THE...
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AFFECT THE FLORIDA DEFENSE OF MARRIAGE, THE EXISTING STATUTORY PROVISIONS THAT ARE ON THE BOOKS NOW AND THAT YOU'VE ALLUDED TO? HOW DOES THIS AFFECT...
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| 00:09:02 |
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FROM THE STATUTORY LEVEL INTO THE CONSTITUTIONAL LEVEL, AND THE REASON FOR THAT IS THE EXPERIENCE THAT HAPPENED IN MASSACHUSETTS WHEN, IN 2004 IN MAY...
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FAR AMENDED THEIR STATE CONSTITUTIONS, JOINING 39 OTHER STATES THAT HAD ALREADY AMENDED THEIR STATUTES CALLED DEFENSE OF MARRIAGE ACT. >> IS THE...
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TEXAS. AND THAT INCLUDES NOW 19 STATES THAT HAVE PASSED CONSTITUTIONAL MARRIAGE AMENDMENTS. SOME OF
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| 00:09:55 |
Unidentified Speaker, -
THOSE AMENDMENTS ARE MUCH MORE BROAD. FOR EXAMPLE, OHIO TALKS ABOUT THE LEGAL INCIDENCES OR SOMETHING THAT APPROXIMATES THE DESIGN OR SUBSTANCE OF MARRIAGE....
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IDEA AND SAY, WE'RE GOING TO NAME THIS SOMETHING ELSE, BUT IT'S EXACTLY THE SAME THING, IF, FOR EXAMPLE, YOU WERE TO HAVE POLYGMY OR SAME-SEX MARRIAGE,...
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OR SAME-SEX MARRIAGE, YOU CALL IT SOMETHING ELSE, BUT IT'S EXACTLY THE SAME. WHEN YOU ANALYZE THEM, IT HAS ALL THE FULL PANOPLY OF RIGHTS, BENEFITS,...
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THAT? IN FLORIDA, THAT HAVE CREATED A MARRIAGE OTHER THAN WHAT WE HAVE A COMMON UNDERSTANDING OF? >> NO, YOUR HONOR, WE DON'T, BUT
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Unidentified Speaker, -
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THE INTERESTING ERA WE LIVE IN NOW IS THERE'S A LOT OF LITIGATION TACTICS THAT ARE MOVING FORWARD IN DIFFERENT LEVELS AROUND THE COUNTRY THAT ARE DOING...
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AMENDMENT THAT IS DESIGNED TO DO MORE THAN TRADEMARK EIGHT LETTERS OF A WORD, MARRIAGE. IT'S DESIGNED TO PROTECT THE SUBSTANCE OF MARRIAGE SO THAT MARRIAGE...
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QUESTION OF WHAT BENEFITS OR OBLIGATIONS ARE YOU GOING TO PLACE ON A RELATIONSHIP, ESPECIALLY IF THERE ARE -- YOU KNOW, MOST CONCERN TO THE STATE IF...
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| 00:14:21 |
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OF THOSE. >> WELL, WE DO HAVE A SCHEME -- >> WE DO HAVE A SCHEME. >> WITH REFERENCE TO THE ISSUING OF A PROPER LICENSE IN ORDER TO GET THE STATE SANCTIONED...
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WOULD COMPACT ALL.
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MYRIAD OF
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| 00:14:46 |
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EXISTING LEGAL PROVISIONS THAT ARE ON THE BOOKS, BECAUSE WE START OUT WITH THE PROPOSITION OF WE WILL ISSUE A LICENSE AND WE WILL RECOGNIZE CERTAIN...
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IS TODAY. IT DOES NOT PROHIBIT EITHER A LOCAL GOVERNMENT OR THE STATE GOVERNMENT FROM GIVING A BUNDLE OF RIGHTS TO UNMARRIED PEOPLE. IT DOES NOT PROHIBIT...
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WAS UPHELD. IN SECONDHAND SMOKE, TO PROTECT PEOPLE
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FROM THE HEALTH HAZARDS OF SECONDHAND SMOKE WERE UPHELD. AND IN MARINE NET FISHING, MARINE RESOURCES
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FOR THE STATE BELONG TO THE PEOPLE, WHICH WAS UPHELD. WE BELIEVE IT PASSES SINGLE
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| 00:17:36 |
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SUBJECT, AND THE TITLE AND BALLOT ARE FAIR AND ACCURATE. THANK YOU. >> THANK YOU VERY MUCH. WE WILL NOW HAVE MISS COOPER. >> MAY IT PLEASE THE COURT,...
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| 00:18:01 |
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THAT THE NUMBER OF SIGNATURES ARE SUCH THAT -- AND THE PROCEDURES ARE SUCH THAT OUR REVIEW HAS BEEN TRIGGERED? >> I DO, YOUR HONOR.
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Unidentified Speaker, -
I'M HERE ON BEHALF OF SIX LESBIAN AND GAY COUPLES, THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL
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EMPLOYEES, AFL-CIO, EQUALITY FLORIDA, AND THE ACLU OF FLORIDA. I'D LIKE TO START WITH A FOCUS ON THE SINGLE SUBJECT RULE. THIS AMENDMENT VIOLATES...
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| 00:18:32 |
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SUBJECTS ABOUT WHICH PEOPLE MAY HOLD VERY DIFFERENT VIEWS INTO ONE SINGLE AMENDMENT. FIRST, IT SAYS THAT MARRIAGE IS LIMITED TO THE UNION OF ONE MAN...
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| 00:19:12 |
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THEY'RE CORRECT, THIS AMENDMENT, THIS PROPOSED AMENDMENT STILL CONTAINS TWO SUBJECTS, BECAUSE SOME PEOPLE, LIKE THE PROPONENTS, SEE THE STATUS OF...
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| 00:19:24 |
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SAME. BUT WE KNOW THAT MANY OTHER PEOPLE FEEL THAT THE INSTITUTION OF MARRIAGE, WHICH HAS AS MUCH SOCIAL AS LEGAL SIGNIFICANCE, IS ONE THING AND...
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| 00:20:02 |
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OF THAT STATUTE? >> THE DEFENSE OF MARRIAGE ACT STATUTE? >> RIGHT. >> IT GOES BEYOND THE LANGUAGE OF THE STATUTORY BAR ON MARRIAGE FOR SAME-SEX COUPLES,...
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LIKE MARRIAGE, BUT ARE
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WHATEVER THE SUBSTANTIAL
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EQUIVALENT MIGHT BE. SO IT DOES THAT, AND IT, OF COURSE, ENSHRINES BOTH PARTS OF THE PROPOSED AMENDMENT INTO THE CONSTITUTION. RIGHT NOW, THE LEGISLATORS...
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| 00:21:14 |
Unidentified Speaker, -
MALPRACTICE AMENDMENTS, I MEAN, GOODNESS KNOWS WHAT THOSE REALLY
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MEAN. I MEAN, WE'RE
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STILL DEBATING WHAT ALL THOSE MEAN, AND CERTAINLY IT CHANGED EVERYTHING IN FLORIDA LAW FROM LIEN TOSS
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| 00:21:24 |
Unidentified Speaker, -
WHO PAYS FEES TO WHAT THOSE FEES ARE, AND THAT WAS CONSIDERED A SINGLE SUBJECT. AND I'M STRUGGLING WITH WHY THIS IS NOT
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| 00:21:32 |
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AND WHY IT IS NOT VIEWED AS HAVING A NATURAL RELATIONSHIP CONNECTION OF THE COMPONENT PARTS AS BEING RELATED, WHICH THIS COURT HAS EXPRESSED AS THE...
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| 00:22:02 |
Unidentified Speaker, -
UNAMBIGUOUS REQUIREMENT, ARE MEANT TO PROTECT
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| 00:22:04 |
Unidentified Speaker, -
THE VOTERS TO ASSURE THAT THEY UNDERSTAND WHAT THEY'RE VOTING FOR. SO HERE, I WOULD SAY
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| 00:22:10 |
Unidentified Speaker, -
THE SUBSTANTIAL EQUIVALENT OF MARRIAGE LANGUAGE IS CERTAINLY NOT CLEAR TO THE VOTERS IN TERMS OF WHAT THAT MEANS, WHAT TYPES OF PROTECTIONS WILL BE...
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| 00:22:40 |
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NOT, THE SUMMARY PROVISION? >> WE ARE. ACTUALLY, IN THE ASKEW CASE,
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THE COURT SAID IT DIDN'T MATTER THAT THE LANGUAGE OF THE AMENDMENT -- SORRY, THE LANGUAGE OF
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| 00:22:47 |
Unidentified Speaker, -
THE SUMMARY TRACKED THE AMENDMENT. IT WAS STILL MISLEADING TO VOTERS, AND THEREFORE, VIOLATED THE BALANCE SUMMARY CLEAR AND UNAMBIGUOUS LANGUAGE REQUIREMENT....
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| 00:23:01 |
Unidentified Speaker, -
WE KNOW THAT VOTERS FEEL -- OR MANY VOTERS FEEL DIFFERENTLY ABOUT THE STATUS OF MARRIAGE, THE INSTITUTION OF MARRIAGE VERSUS THE PROTECTIONS OF MARRIAGE,...
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| 00:23:31 |
Unidentified Speaker, -
WHERE IS THE LANGUAGE IN THE AMENDMENT THAT ACTUALLY ONE CAN LOOK AT AND SAY, AHA, THEY'RE TALKING ABOUT THOSE RIGHTS AND PRIVILEGES THAT GO WITH MARRIAGE?...
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| 00:24:02 |
Unidentified Speaker, -
THAT PROVIDE ALL OF THE RIGHTS AND BENEFITS OF MARRIAGE T. NOW, THEY SAY THAT'S CLEAR NOW. APPARENTLY IT DIDN'T USED TO BE THAT CLEAR TO THEM A FEW YEARS...
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| 00:24:49 |
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AMENDMENT SAYS, ISN'T IT? >> WELL, THE PROPONENTS CERTAINLY DON'T SEE IT THAT WAY. THEY HAVE INDICATED IN THEIR BRIEFING THAT VERMONT AND CONNECTICUT...
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| 00:25:12 |
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SAID HERE IN ORAL ARGUMENT THAT THIS AMENDMENT WOULD NOT COVER SUCH -- IF SOMEONE MOVED HERE FROM A STATE THAT RECOGNIZED SOME KIND OF UNION BETWEEN...
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| 00:25:32 |
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THAT THAT STATE GIVES COMPARED TO MARRIAGE. >> YEAH, I UNDERSTOOD THE ARGUMENT ON THE OTHER SIDE TO BE THAT THOSE WOULD NOT BE RECOGNIZED HERE, BUT...
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| 00:25:49 |
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OUTLAW OR MAKE CONSTITUTIONAL-ONLY MARRIAGE AND NOT ALLOW ANY
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| 00:25:55 |
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OTHER RELATIONSHIPS BETWEEN THAT WOULD HAVE THE LEGAL SANCTION OF THE STATE. I'M
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| 00:26:02 |
Unidentified Speaker, -
HAVING TROUBLE IN SEEING WHY THAT STILL WOULDN'T BE A SINGLE SUBJECT. IT MAY BE TRUE THAT WE ARE IN A TRANSITIONAL TIME IN SOCIETY WHERE THERE'S SOME...
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| 00:27:22 |
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UNIONS, DOMESTIC PARTNER LAWS AROUND THE COUNTRY, THE VIEWS OF MANY ELECTED OFFICIALS, INCLUDING OUR PRESIDENT OPPOSING MARRIAGE, BUT FAVORING CIVIL UNIONS...
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| 00:28:00 |
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WE'VE SORT OF EXPLORED TODAY, MAYBE NO ONE'S EXACTLY SURE WHAT MARRIAGE MEANS FOLLOWING THE LEGAL UNION, BUT IT'S THE PROTECTIONS AND RESPONSIBILITIES...
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| 00:28:49 |
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DIFFERENTLY. PROHIBITING DISCRIMINATION IN EDUCATION, EMPLOYMENT, AND CONTRACTING, IT'S ALL ABOUT PROHIBITING RACE DISCRIMINATION, BUT THE COURT FOUND...
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| 00:29:40 |
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SUBJECTS WHEN MARRIAGE IS BETWEEN ONE MAN AND ONE WOMAN, AND THE OTHER SUBJECT IS ANY OF THE RIGHTS AND PRIVILEGES, WHICH MEANS OUT OF ALL THE PONOPLY,...
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| 00:30:32 |
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FULL PONOPLY RIGHTS OF MARRIAGE. MANY PEOPLE ADAMANTLY OPPOSED TO MARRIAGE FOR SAME-SEX COUPLES STRONGLY SUPPORT EVEN CIVIL UNION, VERMONT-STYLE CIVIL...
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| 00:32:16 |
Unidentified Speaker, -
INTERPRETED LATER ON TO SEE WHAT THEY MEAN. WE JUST HAD A PROVISION ABOUT THE FLORIDA BAR RULES AND WHETHER THE BAR RULES SHOULD BE AMENDED PURSUANT...
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| 00:33:00 |
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LANGUAGE OF EVERY ONE OF THE PROPOSED AMOUNTMENTS THAT THE COURT INVALIDATED AS A VIOLATION OF THE CLEAR AND UNAMBIGUOUS ENVIRONMENT. THE QUESTION IS...
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| 00:33:47 |
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WHERE THIS SINGLE SUBJECT VIOLATION IS DESPITE JUROR EXCELLENT ADVOCACY. >> I ALSO WOULD WANT TO ADD THAT IT SEEMS -- IT'S IMPORTANT THAT THE OTHER...
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| 00:34:16 |
Unidentified Speaker, -
STATUTES WERE CLEAR, THIS COURT WOULD BE, YOU KNOW, HAVE A MUCH SLOWER CASE LOAD. I MEAN, THE FACT IS IS THAT EVEN BEST INTENTIONS, YOU CAN'T FIGURE...
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| 00:34:31 |
Unidentified Speaker, -
EXTENT OF THE PROTECTION IS. YOU KNOW, DESPITE SAYING, WELL, WHAT MR. -- SORRY, MR. -- MR. STAVER, SORRY, SAYS, I MEAN, THE FACT THAT HE'S MADE THAT...
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| 00:35:25 |
Unidentified Speaker, -
COURT DOESN'T EVALUATE LANGUAGE OUT OF CONTEXT. YOU
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| 00:35:27 |
Unidentified Speaker, -
HAVE TO LOOK TO THE CONTEXT OF THE
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| 00:35:29 |
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AMENDMENT. IN THE PUBLIC PROTECTION FROM REPEATED MEDICAL MALPRACTICE CASE, THE COURT HELD THAT THE TERM PROTECTION IN THE INSTANT CASE DID NOT CONSTITUTE...
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| 00:36:20 |
Unidentified Speaker, -
SECONDHAND SMOKING BAN SPECIFICALLY USED THE WORD PROTECT, AND THAT WAS NOT PART OF THE AMENDMENT
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| 00:36:26 |
Unidentified Speaker, -
AT ALL. HOW WOULD YOU -- HOW IS THAT DIFFERENT FROM WHAT WE'RE ADDRESSING THIS MORNING? >> WELL, THERE ARE TWO FACTORS. LOOKING AT THE CONTEXT AND...
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| 00:36:39 |
Unidentified Speaker, -
THAT PARTICULAR CONTEXT. HERE, THE DEBATE OVER THE RIGHT TO MARRY OR THE RIGHT TO HAVE OTHER PROTECTIONS FOR SAME-SEX COUPLES IS ONE THAT HITS A LOT...
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| 00:36:54 |
Unidentified Speaker, -
THOSE HIT TREMENDOUS -- YOU SHOULD HAVE BEEN HERE THE MORNING FOR THAT ARGUMENT. THAT WAS TREMENDOUSLY EMOTIONAL. >> THE LANGUAGE THAT IS HERE AND...
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| 00:37:13 |
Unidentified Speaker, -
THE EMOTIONAL VALUE. AGAIN, HERE, WITH SUCH AN OBVIOUS SOLUTION -- >> WOULDN'T THAT THE CASE IN ALL OF THESE? I'M SURE IN THE SECONDHAND SMOKING THAT...
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| 00:37:21 |
Unidentified Speaker, -
PLACED THERE INTENTIONALLY. MOST OF THESE WORDS ARE INTENTIONALLY CHOSEN. IS THAT REALLY THE TEST? IT SEEMS TO ME, HOW CAN YOU STRIKE DOWN THE SAME...
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| 00:37:37 |
Unidentified Speaker, -
GUIDANCE FOR WHAT IS ACCEPTABLE AND WHAT IS NOT? WE KNOW SAVE WAS NOT ACCEPTABLE FROM THE EVERGLADES. THAT'S WHAT I'M STRUGGLING WITH, IS THAT THESE TERMS...
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| 00:38:10 |
Unidentified Speaker, -
IF I MAY JUST TAKE A MINUTE OR TWO FOR SOME CONCLUDES REMARKS. >> WE REALLY HAVE A VERY FULL DOCKET. IF YOU CAN JUST TAKE 30 -- TAKE A MINUTE. >> SURE....
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| 00:38:26 |
Unidentified Speaker, -
PROPOSED AMENDMENT USES OF PROHIBITED TACTIC IN AN ATTEMPT TO SECURE PASSAGE OF NOT JUST THE MARRIAGE
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| 00:38:31 |
Unidentified Speaker, -
BAN, BUT A RESTRICTION ON GOVERNMENT PROTECTIONS FOR GAY AND LESBIAN COUPLES,
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| 00:38:35 |
Unidentified Speaker, -
DESPITE THE LACK OF POPULAR SUPPORT FOR THAT SECOND PROVISION. IT'S THE TEXTBOOK VIOLATION OF THE SINGLE
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| 00:38:41 |
Unidentified Speaker, -
SUBJECT RULE BECAUSE IT TACKS THE UNPOPULAR SECOND CLAUSE ON TO THE MORE POPULAR MARRIAGE BAN, AND IT TRIES TO CONCEAL THE IMPACT OF THE AMENDMENT...
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| 00:39:15 |
Unidentified Speaker, -
THAT SHORT. EVERYONE, I THINK, FROM COMMON UNDERSTANDING WOULD UNDERSTAND THE SINGLE SUBJECT EXCEPT FOR POSSIBLY THE INTERESTED PARTIES WHO ARE TRYING...
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| 00:39:28 |
Unidentified Speaker, -
INTENT. >> WELL, YOU AGREE, THOUGH -- WHEN I READ IT FIRST, WHEN I WAS REVIEWING THIS, I WROTE DOWN THE QUESTION, WILL THIS PROHIBIT CIVIL UNIONS? ...
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| 00:39:51 |
Unidentified Speaker, -
TO BE SOME PEOPLE THAT VOTE FOR IT THINKING THEY'RE BANNING EVERYTHING. SO YOU GOT TO ADMIT THAT WE'RE NOT GOING TO, YOU KNOW, JUST BECAUSE TODAY WE...
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| 00:40:39 |
Unidentified Speaker, -
BROAD. THIS IS A SINGLE SUBJECT, AND THAT SINGLE SUBJECT IS MARRIAGE. THE MEDICAL MALPRACTICE CASE, GOING TO THE TITLE IN THE SUMMARY, HAD IN ITS...
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| 00:42:46 |
Unidentified Speaker, -
THANK YOU VERY MUCH. THE COURT WILL TAKE ITS MORNING RECESS OF 15 MINUTES. >> PLEASE RISE. >> YOU'RE WATCHING C-SPAN'S AMERICA AND THE COURTS. NEXT, 11TH...
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| 00:43:12 |
Unidentified Speaker, -
OF APPEALS IS THE FEDERAL COURT
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| 00:43:14 |
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OF APPEALS JUST BELOW THE SUPREME COURT THAT GOVERNS OUR JURISDICTION IS ALABAMA, FLORIDA, AND GEORGIA. >> AND HOW MANY CASES DO YOU HEAR
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| 00:43:25 |
Unidentified Speaker, -
A YEAR? >>
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| 00:43:26 |
Unidentified Speaker, -
WELL, OUR
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| 00:43:27 |
Unidentified Speaker, -
COURT HEARS SEVERAL THOUSAND A YEAR. WE HAVE
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| 00:43:31 |
Unidentified Speaker, -
12 JUDGES ON OUR COURT. THEY RESIDE IN THOSE THREE STATES. THERE ARE THREE OF US IN ALABAMA WHERE I RESIDE. AND OUR COURT TYPICALLY DISPOSES
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| 00:43:44 |
Unidentified Speaker, -
OF OUR WORK IN PANELS OF THREE
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| 00:43:47 |
Unidentified Speaker, -
JUDGES. ON RARE OCCASIONS, WE WILL REHEAR A CASE WHERE ALL 12 JUDGES WILL HEAR A CASE. >> AS A JUDGE, COULD YOU GIVE US A SENSE OF WHAT YOUR WORKLOAD...
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| 00:44:16 |
Unidentified Speaker, -
SISTER IS AN EFFICIENT COURT, THOUGH. WE ALSO HAVE ONE OF THE HIGHEST RATES OF DISPOSING OF OUR WORK, RESOLVING OUR CASES
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| 00:44:24 |
Unidentified Speaker, -
WITHIN A SHORT PERIOD OF TIME. A LOT OF OUR CASES ARE DIRECT CRIMINAL APPEALS, PARTICULARLY OUT OF FLORIDA, AND VERY OFTEN THE MIAMI AREA. WE HAVE A...
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| 00:45:34 |
Unidentified Speaker, -
TO OUR COURT, AND VERY OFTEN THOSE CASES ARE THEN SENT TO A
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| 00:45:39 |
Unidentified Speaker, -
RANDOMLY SELECTED PANEL OF THE THREE JUDGES OF OUR COURT, AND THEY'RE SENT TO OUR CHAMBERS, WHEREVER WE RESIDE. AND FROM THAT, WE DETERMINE WHETHER...
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| 00:47:23 |
Unidentified Speaker, -
SOME CASES WHERE THE PARTIES ARE FROM DIFFERENT STATES, SO ACTUALLY STATE LAW GOVERNS THE RESOLUTION OF THEIR DISPUTE, BUT MORE OFTEN IT'S FEDERAL...
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| 00:47:34 |
Unidentified Speaker, -
THAT. AND OUR OWN INTERPRETATIONS, OUR OWN PRECEDENTS OF OUR COURT REGARDING THOSE FEDERAL LAWS HELP DICTATE OUR RESOLUTION OF THE APPEALS, AND, OF...
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| 00:49:03 |
Unidentified Speaker, -
WAS ACTIVE IN THE
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| 00:49:05 |
Unidentified Speaker, -
COLLEGE REPUBLICANS CHAPTER. AND ALTHOUGH I STARTED OUT IN COLLEGE AS A MUSIC MAJOR,
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| 00:49:11 |
Unidentified Speaker, -
A MUSIC EDUCATION MAJOR, MY FATHER WAS A HIGH SCHOOL BAND DIRECTOR,
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| 00:49:16 |
Unidentified Speaker, -
I DECIDED WHILE ENGAGED IN VOLUNTEER POLITICAL ACTIVITY MY FRESHMAN YEAR IN COLLEGE THAT I WANTED TO SWITCH TO A PRELAW MAJOR, WHICH I DID. AND EVENTUALLY...
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| 00:49:55 |
Unidentified Speaker, -
HOME IN MOBILE, AND SOMETHING WAS SAID
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| 00:49:58 |
Unidentified Speaker, -
BY A NEWS REPORTER WITH WHICH I DISAGREED , AND I EXPRESSED THAT IN OUR HOME, AS EVERYONE IN MY FAMILY IS PRONE TO DO. WE EXPRESS OURSELVES PRETTY...
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| 00:50:46 |
Unidentified Speaker, -
APPEALS JUDGE IN NEW ORLEANS ON
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| 00:50:48 |
Unidentified Speaker, -
THE FIFTH CIRCUIT. HE WAS APPOINTED BY PRESIDENT EISENHOWER AND WAS ONE OF THE GREATEST JUDGES OF THE 20TH CENTURY, TRULY LEGENDARY
|
| 00:51:00 |
Unidentified Speaker, -
FEDERAL COURT OF APPEALS JUDGE.
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| 00:51:04 |
Unidentified Speaker, -
I HAD THE PRIVILEGE OF CLERKING FOR JUDGE WISDOM WHEN I GRADUATED FROM TULANE LAW SCHOOL. >> OTHER ARTICLES SAID HE WAS A CIVIL RIGHTS PIONEER. IS THAT...
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| 00:51:32 |
Unidentified Speaker, -
FLORIDA, BASICALLY THE DEEP SOUTH, AND WAS ON THAT
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| 00:51:36 |
Unidentified Speaker, -
COURT AT A TURBULENT PERIOD OF AMERICAN HISTORY THROUGHOUT THE 19 -- LATE 190'S AND ALL THROUGH THE 1960'S AND EARLY 1970'S WHEN THE CIVIL RIGHTS MOVEMENT...
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| 00:52:16 |
Unidentified Speaker, -
GOOD AND FAIR JUDGE. JUDGE WISDOM WAS A GREAT WRITER, SPENT A LOT OF TIME WITH HIS LAW CLERKS ON
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| 00:52:26 |
Unidentified Speaker, -
WRITING. HE ALSO WAS A SCHOLAR. HE WAS OFTEN REFERRED TO BY LEGAL HISTORIANS AS THE SCHOLAR OF THE FIFTH CIRCUIT. AND HE EXPECTED US TO GO BEYOND ...
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| 00:53:36 |
Unidentified Speaker, -
ALABAMA APPOINTED ME TO FINISH HIS TERM OF OFFICE. >>
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| 00:53:40 |
Unidentified Speaker, -
AS ATTORNEY GENERAL, WERE THERE ISSUES OR CASES THAT YOU WERE PASSIONATE ABOUT AND THINGS THAT YOU SAW THAT, YOU KNOW, AS ATTORNEY GENERAL, THESE WERE...
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| 00:54:01 |
Unidentified Speaker, -
ESTABLISH A DIVISION WITHIN THE OFFICE OF ATTORNEY GENERAL DEDICATED TO THE INVESTIGATION AND PROSECUTION OF WHITE COLLAR CRIME AND PUBLIC CORRUPTION.
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| 00:54:11 |
Unidentified Speaker, -
THAT UNIT, IN MY SEVEN YEARS AS ATTORNEY GENERAL, CONVICTED LITERALLY HUNDREDS OF CORRUPT OFFICIALS AND BUSINESS PERSONS AND YOU NAME IT P. IT WAS A...
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| 00:55:28 |
Unidentified Speaker, -
BUREAUCRACY, YOU HAVE TO KEEP IN MIND THE EXPERIENCES AND LEGITIMATE CONCERNS OF
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| 00:55:38 |
Unidentified Speaker, -
MERIT SYSTEM, PROFESSIONAL LAWYERS AND INVESTIGATORS WHO'VE BEEN IN THE OFFICE AND TAKE THOSE INTO ACCOUNT. BUT THE LAWYERS AND STAFF OF OUR OFFICE...
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| 00:56:10 |
Unidentified Speaker, -
IN THE YEAR 2001, AND AT THE TIME I DID NOT
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| 00:56:14 |
Unidentified Speaker, -
THINK THAT WAS THE RIGHT TIME OR PLACE FOR ME TO PURSUE IT. BUT THEN AGAIN IN LATE 2002, I WAS ASKED BY THE WHITE HOUSE WHETHER I WAS INTERESTED IN...
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| 00:56:57 |
Unidentified Speaker, -
OR WHETHER, IN SOME CASES, WE HAD BEEN ADVERSARIES OR NOT, HAD SEEN THAT AS ATTORNEY GENERAL I WAS DEDICATED TO THE RULE OF LAW AND
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| 00:57:09 |
Unidentified Speaker, -
TRIED TO PURSUE MY PUBLIC SERVICE IN A FAIR AND HONEST MANNER. REPRESENTATIVE ARTHUR DAVIS IS A GREAT CONGRESSMAN, WITH WHOM I HAD DEVELOPED SOME BIT...
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| 00:58:22 |
Unidentified Speaker, -
RESPONSIBILITY TO REPRESENT STATE GOVERNMENT, SO WHEN STATE OFFICIALS OR STATE AGENCIES WERE SUED IN FEDERAL COURTS, IT WAS MY RESPONSIBILITY TO DEFEND...
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| 00:58:38 |
Unidentified Speaker, -
RAISED DEFENSES INVOLVING SOVEREIGN IMMUNITY AND ISSUES OF FEDERALISM THAT WERE BEING HOTLY LITIGATED AND CONTESTED IN CASES NOT ONLY THROUGHOUT THE...
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| 00:59:49 |
Unidentified Speaker, -
DO. OF
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| 00:59:50 |
Unidentified Speaker, -
COURSE, PARTICULARLY MY
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| 00:59:52 |
Unidentified Speaker, -
DAUGHTERS LIVED IN
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| 00:59:54 |
Unidentified Speaker, -
MONTGOMERY, THE CAPITAL CITY, AT A TIME WHEN I WAS ATTORNEY GENERAL, A POLITICIAN, AN ELECTED OFFICIAL, AND WAS IN A VERY HIGH
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| 01:00:04 |
Unidentified Speaker, -
VISIBILITY ROLE. MONTGOMERY'S THE KIND OF TOWN WHERE, IF
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| 01:00:09 |
Unidentified Speaker, -
YOU'RE ELECTED STATEWIDE OFFICIAL, THERE'S A LOT OF ATTENTION ON YOU IN THE LOCAL MEDIA. IN SOME WAYS, NOW THAT I'M A FEDERAL JUDGE, MY ROLE IS MUCH...
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| 01:00:49 |
Unidentified Speaker, -
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| 01:00:51 |
Unidentified Speaker, -
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| 01:00:52 |
Unidentified Speaker, -
TOMORROW
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.