Well, I certainly agree that every citizen who

meets the qualifications not only has the right to vote but should

vote. I think it’s a problem...

Sure. Well, if I leave one out, you can remind

me at the end. But obviously when you are dealing with interpreting

a statute, the most important...

In some instances, I think if you look at it carefully,

you can make an assessment that this is a reliable guide.

And one area I didn’t...

Well, Senator, the answer to your question is it’s

certainly possible that the majority in that case didn’t get it right

and that the dissent...

Well, not on that one. I do know the Bush administration

filed an amicus brief in our case as well. I guess this

would be one of those cases...

Well, you’ve touched on a case that’s very close

to my heart, Senator. It was the first case I argued before the Supreme

Court. I was appointed...

I think, if my memory serves, that the Article

III objections, and just so we’re on the same page, the qui tam statutes,

of course, are...

I don’t remember any, no, Senator.

I don’t recall any role, Senator. Our office—the

Counsel’s office would routinely review testimony that was about to

be given. We were just...

No, Senator. I have had some whistleblower

cases, different aspects I do recall coming up in the Court of Ap-

VerDate 0ct 09 2002 10:17...

Well, you know, my new best friend, Senator

Thompson, assures me that television cameras are nothing to be

afraid of—

[Laughter.]

—but...

Good morning, Senator. Fine, thanks.

I am used to being interrupted before the court,

that is for sure, Senator.

[Laughter.]

I’ll try, Senator.

Yes.

Well, Senator, first of all—

Well, I can say that it is my view that all of the

Justices—I think if a case like the Glucksberg case in which a majority

subscribe to...

Well, and—

Well, Senator, that does get into an area that is

coming before the Court. There is a case pending on the docket

right now that raises the...

Well, in that case, it’s the application of the Federal

Controlled Substance law.

The issue of illness in those cases do come before

the Court. The Glucksberg case raised a similar question. The

Cruzan case that you mentioned,...

No, I’m not going to consider issues like that in

the context as a father or a husband or anything else.

I think—

I think, obviously, putting aside any of those

considerations, these issues are the most difficult we face as people,

and they are profoundly...

Well, Senator, I can’t answer that question in

the abstract because—

Well, Senator, as a legal matter it is abstract because

the question would be in any particular case, is there a law

that applies that governs...

Well, no.

Well, Senator, what I’m telling you is, as you

know, there are cases that come up in exactly that context so that

it is in play, and the...

Senator, that’s asking me for a opinion in the

abstract on a question that will come before the Court. And when

that question does come...

Thank you. The point is that, again, the Court

has precedents on precisely that question, about how you should

phrase the level of generality....

Well, you do not look at the level of generality

that is the issue that’s being challenged. So, for example, in Loving

v. Virginia, if the...

Well, that’s what I’m saying. The dispute is do

you look at it at that level of specificity or broader. And I’m saying

you do not look at...

Thank you, Senator.