| 00:00:00 |
Unidentified Speaker, -
HAMLET IS THE COURT TODAY LIKE THE COURT THE FRAMERS ENVISIONED? >> THE EASY WAY TO GET A SENSE OF THAT IS THE INVASION OF WHITE HOUSE FOR THE PRESIDENT,...
|
| 00:00:41 |
Unidentified Speaker, -
COURT -- WHERE THE SUPREME COURT SHOULD BE BASED. THE BASEMENT OF THE CAPITAL, IT DOES NOT
|
| 00:00:48 |
Unidentified Speaker, -
SEEM SUITABLE FOR ONE OF A COEQUAL BRANCHES OF GOVERNMENT. BUT AS THE COURT'S RESPONSIBILITY EXPANDED, IT EVENTUALLY GOT A BEAUTIFUL BUILDING OF ITS OWN....
|
| 00:01:21 |
Unidentified Speaker, -
JOHN MARSHALL. THE FIRST PERSON TO TAKE THE JOB SERIOUSLY. MANY HAD THE IMAGE OF HIM AS THE FIRST CHEAP BUT HE WAS THE FOURTH. THE THREE BEFORE HIM ONLY...
|
| 00:02:35 |
Unidentified Speaker, -
AND EARL WARREN AS WELL. >> HOW
|
| 00:02:41 |
Unidentified Speaker, -
MANY DID THEY START OUT WITH? >> I BELIEVE THEY STARTED OUT WITH SIX. IT WAS HARD TO BRING THEM TOGETHER EARLY ON. THE VERY FIRST SESSION OF THE COURT...
|
| 00:03:01 |
Unidentified Speaker, -
THEY CONTAIN, THEY DID SOME ADMINISTRATIVE BUSINESS
|
| 00:03:04 |
Unidentified Speaker, -
AND ADJOURN QUICKLY BECAUSE THEY DID NOT HAVE ANY CASES. IT TOOK AWHILE FOR THE COURT TO GET ESTABLISHED. THE CURRENT NUMBER OF NINE WAS ESTABLISHED...
|
| 00:03:41 |
Unidentified Speaker, -
AN EXTRAORDINARY EPISODE. FRANKLIN ROOSEVELT CAME TO OFFICE WITH HUGE MAJORITIES IN THE SENATE AND HOUSE. THE COURT WAS NOT AN UNPOPULAR POSITION THEN....
|
| 00:04:00 |
Unidentified Speaker, -
PLANT, ALLOWING HIM TO APPOINT A GOOD NUMBER OF JUSTICES AND MORE OVERTIME IN ORDER TO GET A RULING IN HIS FAVOR. AND EVEN WITH HIS POPULARITY, THE COUNTRY...
|
| 00:04:52 |
Unidentified Speaker, -
THEY DO NOT ELECT US. IF THEY DO NOT LIKE WHAT WE ARE DOING, IT'S MORE OR LESS JUST TOO BACK OTHER THAN IMPEACHMENT, WHICH HAS NEVER HAPPENED WITH ...
|
| 00:05:07 |
Unidentified Speaker, -
DECISION, IT IS BASED ON LAW AND NOT OF POLICY PREFERENCE. IF WE REACH AN ENVIRONMENTAL DECISION THAT COMES OUT IN FAVOR OF AN ENVIRONMENTAL GROUP, THE...
|
| 00:05:59 |
Unidentified Speaker, -
CASES. THAT MEANS I GET TO INITIATE A DISCUSSION AND HAVE SOME RESPONSIBILITY TO MAKE SURE THAT
|
| 00:06:05 |
Unidentified Speaker, -
ALL THE ISSUES ARE ADEQUATELY AIRED AT CONFERENCE. MY MOST IMPORTANT RESPONSIBILITY IS THE RESPONSIBILITY FOR ASSIGNING OPINIONS. ONCE THE VOTES ARE...
|
| 00:07:50 |
Unidentified Speaker, -
THEY SLEPT ON THE STEPS AND WE HAVE TO WORRY ABOUT THINGS LIKE THAT. -- THEY SLIP ON
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| 00:07:58 |
Unidentified Speaker, -
THE STEPS AND WE HAVE TO WORRY ABOUT THINGS LIKE THAT. WE HAVE TO DISCHARGE THOSE RESPONSIBILITIES. >> THE PROCESS BY WHICH JUSTICES GO BEFORE THE CONGRESS...
|
| 00:08:28 |
Unidentified Speaker, -
AND IN ONE RESPECT, WE'RE NO DIFFERENT THAN ANYONE ELSE. WE HAVE TO GO TO CONGRESS, HAT IN HAND, TO GET OUR BUDGET. IT IS A VERY INTERESTING PROCESS,...
|
| 00:08:42 |
Unidentified Speaker, -
LITTLE BURDEN ON THE FEDERAL BUDGET. BUT WE HAVE TO ASK FOR IT, AND PROBABLY BECAUSE WE DO NOT ASK FOR MUCH, THE MEMBERS OF CONGRESS HAD VERY LITTLE...
|
| 00:09:27 |
Unidentified Speaker, -
IT IS DISTINCTIVE. OBVIOUSLY THE CAPITOL BUILDING AS THE GRAND BUILDING, AND WHY HAS, MOST PEOPLE KNOW AND SEE ABOUT ON THE NEWS. BUT IT IS A DIFFERENT...
|
| 00:10:51 |
Unidentified Speaker, -
ARE APPLYING THE LAW. THE THING THAT MAKES THE SYSTEM OF GOVERNMENT UNIQUE IS THAT IT IS BOUND TO THE RULE OF LAW BY A WRITTEN CONSTITUTION. YOU NEED...
|
| 00:12:32 |
Unidentified Speaker, -
TO BE HONEST WITH YOU. OUR JOB IS NOT TO HELP THEM AS THEY DEVELOP
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| 00:12:38 |
Unidentified Speaker, -
POLICY AND THEY DO NOT HAVE A ROLE IN HELPING US AS WE TRY TO INTERPRET WHAT COLLAGES. SO WE HAVE FRIENDSHIPS ACROSS THE STREET. SOMETIMES WE HAVE INTERACTION...
|
| 00:13:16 |
Unidentified Speaker, -
EITHER. IT IS A LOVELY INTRODUCTION TO THE COURT, PEOPLE COMING BY. IT IS MORE LESS OFTEN IN THE DISTANCE. THE PROTEST POINT THAT YOU BRING UP THIS VERY...
|
| 00:14:38 |
Unidentified Speaker, -
INTERACTION WITH THE PUBLIC AS A
|
| 00:14:40 |
Unidentified Speaker, -
WHOLE, JUSTICE BREYER TOLD US THAT THE NUMBER OF TOURISTS HAS DECLINED OVER THE PAST YEARS. SOME OF THE CONSTRUCTION AND THE DOW WERE SIZING OF TOURISM...
|
| 00:14:58 |
Unidentified Speaker, -
A STOP, AND IS THE COURT VISITED AS MUCH AS IT SHOULD BE BY THE AMERICAN PUBLIC? DOES THE COURT ACTIVELY WORK TO GET PEOPLE HERE? >> EVERY ONE WHO HAS...
|
| 00:15:28 |
Unidentified Speaker, -
PEOPLE WHO DO COME HERE SHOULD VISIT. I THINK THE DECLINE IS DUE TO THE DECLINE IN TOURISM AFTER 9/11. WE ARE ABOUT TO CELEBRATE THE 70TH YEAR. IT IS...
|
| 00:16:46 |
Unidentified Speaker, -
WAY -- THE WAY THAT I GO. I AM HAPPY TO
|
| 00:16:50 |
Unidentified Speaker, -
SEE PEOPLE HERE TAKING A LOOK AT WHAT WE DO. IT VARIES WHERE I AM. IF I IS A LAW SCHOOL, I WILL BE RECOGNIZED MORE THAN IF I AM ATTENDING THE DEDICATION....
|
| 00:17:25 |
Unidentified Speaker, -
NEW SESSION. START FROM THE PROCESS OF CASEY'S COMING BEFORE THE COURT AND HOW IT ALL WORKS. >> WE GET A LOT OF CASES THAT PEOPLE WANT US TO HEAR. EVERYONE...
|
| 00:17:52 |
Unidentified Speaker, -
ARE. BEFORE WE START OUR TERM, TRADITIONALLY ON THE FIRST MONDAY IN OCTOBER WE HAD A LONG SESSION WHERE WE GO THROUGH THOSE PETITIONS AND TRY TO FIGURE...
|
| 00:19:07 |
Unidentified Speaker, -
THE EARLY JUSTICE IS DEAD, BUT NOW WE HAVE CONDENSED INTO ONE
|
| 00:19:12 |
Unidentified Speaker, -
CALL THE OCTOBER TERM. >> THE NUMBER OF CASES
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| 00:19:16 |
Unidentified Speaker, -
THAT YOU DECIDE OUR PETITION AND THE ONES THAT ARE GRANTED, THE PROPORTION OF THAT SEEMS TO HAVE CHANGED OF THE PAST 20 YEARS. THAT ARE MORE REQUESTS...
|
| 00:19:36 |
Unidentified Speaker, -
GRANTED REFLECTS THE GROWING IMPORTANCE OF THE COURT -- BUT FEW ARE GRANTED, WHICH REFLECTS THE GROWING IMPORTANCE OF THE COURT. IN THE EARLY HISTORY,...
|
| 00:21:01 |
Unidentified Speaker, -
WHEN THEY GOT CONGRESS TO PASS A LAW SAYING THAT WE DID NOT HAVE TO HEAR ALL THE CASES, IT WAS NOT MANDATORY JURISDICTION, THE DEAL THAT WE MADE WHAT...
|
| 00:21:13 |
Unidentified Speaker, -
FOUR BUT IT -- A DEAL THAT WE MADE WITH THE HILL IT THAT YOU ONLY NEEDED FOUR VOTES. >> HOW MUCH READING DEAL ON EACH ONE OF THOSE CASES? >> AS YOU MIGHT...
|
| 00:21:45 |
Unidentified Speaker, -
I LOOK AT THE MEMOS AND THE ONES I SAY, THIS ONE WE OUGHT
|
| 00:21:49 |
Unidentified Speaker, -
TO LOOK AT MORE CAREFULLY AND DO THAT BEFORE DECIDING THAT A VOTE ON HUNDRED >> HOW MANY CLERKS TO YOU HAVE? >> ALL OF THE JUSTICES HAVE FOUR NOW. I THINK...
|
| 00:22:17 |
Unidentified Speaker, -
IS A PARTICULAR HOT-BUTTON ISSUE, BUT I HAVE TO SAID IT DOES NOT ENTER INTO OUR PROCESS
|
| 00:22:24 |
Unidentified Speaker, -
OF DECIDING. A LOT OF OUR DOCKET IS A VERY MONDAY. PROBABLY HALF DOZEN WILL MAKE IT TO THE FRONT PAGE OF THE NEWSPAPER. ALL THE OTHERS, -- BANKRUPTCY...
|
| 00:23:12 |
Unidentified Speaker, -
THE END OF THE ROAD. THAT WAS A BIG PART OF MY JOB, TRYING TO GET THE SUPREME COURT TO TAKE MY CLIENTS' CASES, AND IT IS A SAD THING TO CALL SOMEONE...
|
| 00:23:25 |
Unidentified Speaker, -
IS NOT GOING TO GET THROUGH THE DOOR. BUT BY THAT TIME THE KCASE GETS TO THE SUPREME COURT, THE LID AGAIN HAS HAD TWO CHANCES TO PERSUADE A COURT THAT...
|
| 00:24:15 |
Unidentified Speaker, -
IT, MOST OF THIS SCREEN, BUT WHEN YOU GET A NICE LETTER FROM SOMEONE WHO WAS VISITED AT THE COURT, THEY MAY HAVE SOMETHING TO SAY. YOU LIKE TO RESPOND...
|
| 00:24:25 |
Unidentified Speaker, -
CAN. >> ONCE THE DECISION IS MADE THAT X NUMBER OF CASES WILL BE HEARD, HOW IS IT ALLOCATED ACROSS THE CALENDAR? >> IT IS A ROLLING EMISSIONS ADMISSIONS...
|
| 00:24:47 |
Unidentified Speaker, -
CASES DECIDED RIGHT BEFORE OCTOBER WILL BE HEARD LATER IN THE TERM. THE CASES WE'RE GOING TO HEAR AT THE BEGINNING WERE GRANTED THE PREVIOUS SPRING....
|
| 00:25:02 |
Unidentified Speaker, -
WILL ALLOCATE THEM AND COME IN AND ASKED IF THIS IS ALL RIGHT. IT USUALLY ALMOST ALWAYS IS. >> THE ORAL ARGUMENT PART, HOW DOES IT WORK? >> FIRST OF ALL...
|
| 00:25:30 |
Unidentified Speaker, -
LAW JURISDICTIONS, THEY HAVE MORE. BUT ALL
|
| 00:25:33 |
Unidentified Speaker, -
ARE -- A LOT OF ARGUMENTS HAVE BEEN LAID OUT ALREADY. A LOT OF THE ARGUMENT IS DEVOTED TO JUSTICES' QUESTIONS. WE'VE READ THE ARGUMENTS AND OPINIONS....
|
| 00:27:26 |
Unidentified Speaker, -
JUSTICES ARE REALLY COMMUNICATING WITH ONE ANOTHER THROUGH THE QUESTION. >>
|
| 00:27:30 |
Unidentified Speaker, -
IT CAN BE THAT WAY, SOMETIMES. THIS IS WHERE YOU GET THE JUSTICE IS ACTING AS DEVIL'S ADVOCATES. IF I THINK THAT LAWYER HAS A GOOD ANSWER TO QUESTION...
|
| 00:27:45 |
Unidentified Speaker, -
LIKE I AM HOSTILE. BUT I KNOW THAT THEY ARE GOING TO COME UP WITH A GOOD ANSWER THAT MIGHT HELP RESPOND BETTER
|
| 00:27:51 |
Unidentified Speaker, -
TO THAT JUSTICE IS CONCERNED. >> EACH JUSTICE APPROACHES WITH THEIR OWN STYLE. WHAT IS YOURS? >> I GUESS IT IS MORE THE REPEATED QUESTIONS, TRYING TO...
|
| 00:28:15 |
Unidentified Speaker, -
A LAWYER, HAVING TO ANSWER THEM. BUT IT IS DIFFICULT. IF I HAVE A PARTICULAR EHUD THAT I
|
| 00:28:21 |
Unidentified Speaker, -
THINK THE LAWYER THOUGHT THAT HAD AN OPPORTUNITY TO RESPOND TO, I MIGHT DO MORE OF A SPINNING OUT, SAYING, SO COUNCIL THIS IS HOW I SEE THE CASE. THIS...
|
| 00:29:24 |
Unidentified Speaker, -
COURT BAR AND YOU RUN INTO YOUR COMPETITORS BOTH ON THE SITE -- ON YOUR SIDE AND AGAINST YOU ON A REGULAR BASIS. BUT IT IS STILL COMPETITION. YOU STILL...
|
| 00:29:39 |
Unidentified Speaker, -
CLIENT SAY, I AM SORRY, OR SAY, HURRAH. NOTHING LIKE THAT ON THE BENCH. OBVIOUSLY WE HAVE MAJORITIES AND A SENSE, I DON'T THINK ANY OF US SEE THAT AS...
|
| 00:30:26 |
Unidentified Speaker, -
YOU DO NOT UNDERSTAND WHAT IS GOING ON. >>
|
| 00:30:28 |
Unidentified Speaker, -
THIS IS A QUESTION FOR ALL THE MEMBERS OF THE BAR OUT THERE AND FOR ALL THE ATTORNEYS THAT FIND THEMSELVES ARGUING A CASE BEFORE THE COURT, WHAT IS IT...
|
| 00:30:49 |
Unidentified Speaker, -
QUESTIONS OR DISTINGUISH YOUR CASE IN ANY WAY. I HOPE I DID THAT WHEN I WAS A LAWYER BUT THE IMPORTANCE OF THAT IS VERY ACCENTUATED. I APPRECIATED SO...
|
| 00:31:03 |
Unidentified Speaker, -
YOU HAVE TO APPRECIATE THAT THE JUSTICES ARE ENGAGED IN THE PROCESS OF TRYING TO HELP THEMSELVES DECIDE THE CASE CORRECTLY. THEY ARE GOING ASK HARD...
|
| 00:34:26 |
Unidentified Speaker, -
VIEW, AND ALL I HAVE TO DO IS TO SAY -- IS TO CONVINCE FIND LAWYERS THAT THE GOVERNMENT IS WRONG. AND THAT IS HOW YOU WIN. THE GOVERNMENT WILL HAVE TO...
|
| 00:35:23 |
Unidentified Speaker, -
WHAT MY COLLEAGUES THINK ABOUT A CASE THAT I'VE BEEN STUDYING FOR A LONG TIME. I WILL HEAR WHAT THE LAWYERS ARE GOING TO SAY. I TEND TO GET HERE EARLIER....
|
| 00:35:35 |
Unidentified Speaker, -
QUESTION MARK >> 7:30 A.M., ALTHOUGH MORE TIME TO GO OVER SOME LAST-MINUTE THINGS. I'LL CALL THE LAW CLERK WHO HAS WORKED ON THE CASE TO BOUNCE SOME LAST-MINUTE...
|
| 00:35:55 |
Unidentified Speaker, -
AND THEN
|
| 00:35:56 |
Unidentified Speaker, -
SHORTLY BEFORE ORAL ARGUMENT, WE GO TO THE ROBING ROOM, WE PUT ON OUR ROOTS, WE MEET IN THE CONFERENCE ROOM RIGHT BEHIND, WE CARRY ON THE TRADITION ESTABLISHED...
|
| 00:37:14 |
Unidentified Speaker, -
THE CASE OF BARRY >> WHAT DO YOU TALK ABOUT? DOLLARS MY COLLEAGUES TO GO TO THE OPERA
|
| 00:37:19 |
Unidentified Speaker, -
WILL TALK ABOUT THE OPERA. SOME WILL TALK ABOUT THE
|
| 00:37:22 |
Unidentified Speaker, -
BASEBALL GAME OR THE GOLF TOURNAMENT, SOMEONE WILL TALK ABOUT A BID MAY BE THAT THEY HAVE SEEN OR A GOOD BOOK THEY HAVE READ. SOMETHING PARTICULARLY ...
|
| 00:37:57 |
Unidentified Speaker, -
IN THE SPRING GETTING THEM OUT. >> WE SHOULD
|
| 00:38:00 |
Unidentified Speaker, -
LEARN ON -- WE SHOULD MOVE ON TO CONFERENCE. TALK ABOUT THE PROCESS IN CONFERENCE. >> WE SIT AT THE CONFERENCE TABLE IN THE SAME PLACES EVERY DAY. I...
|
| 00:38:20 |
Unidentified Speaker, -
IN AND WE SIT DOWN, AND IT IS A NON-ARGUMENT DAY, WE WILL SHAKE EACH OTHER'S HAND
|
| 00:38:27 |
Unidentified Speaker, -
AGAIN. >> WHAT IS THE IMPORTANCE OF THE HANDSHAKING? >> TO REAFFIRM THAT WE ARE A COLLEGIAL COURT. WE RAN BOUGHT IN THE SAME PROCESS, WE HAVE ALL READ...
|
| 00:38:49 |
Unidentified Speaker, -
THE SAME PROCESS, WHICH I THINK IT'S VITALLY IMPORTANT.
|
| 00:38:53 |
Unidentified Speaker, -
I INITIATE A DISCUSSION. ONE ARGUMENT CASE, I WILL SAY THAT THE CASE IS ABOUT THIS, THE ARGUMENTS ARE SO AND SO, AND I THINK WE SHOULD REVERSE OUR FIRM...
|
| 00:40:56 |
Unidentified Speaker, -
OF THE ONES THAT ARE HARD. AND MY FAIR SHARE OF THE ONES THAT ARE GOOD AND INTERESTING. BUT IT IS A HARD PART OF
|
| 00:41:04 |
Unidentified Speaker, -
THE JOB. >> HOW DO YOU APPROACH THE PROCESS OF WRITING THE OPINION? >> I DO IT LONG HAND. I DO NOT DO IT ON THE COMPUTER. DOLLARS IS THAT THE ALWAYS...
|
| 00:41:26 |
Unidentified Speaker, -
TECHNOLOGICAL REVOLUTION WAS SLIGHTLY BEHIND ME. I CAN DO IT BUT I NEVER LEARN TO WRITE ON THE COMPUTER.
|
| 00:41:32 |
Unidentified Speaker, -
I HAVE LAW CLERKS HELP. IF THERE IS SOMETHING I THINK THEY CAN WRITE PART, I DON'T COMFORTABLE, SO YOU GO AHEAD AND DRAFT
|
| 00:41:41 |
Unidentified Speaker, -
SOMETHING THAT I WILL BEEN HEAVILY EDITED. IF IT IS A NEW AREA THAT I DON'T KNOW ABOUT, I WILL TRY TO DO THAT MYSELF TO MAKE SURE I AM GETTING IT RIGHT....
|
| 00:44:42 |
Unidentified Speaker, -
VERY VALUABLE PART OF OUR PROCESS. IT SHOWS THE THINKING OF DIFFERENT PARTS OF THE COURT. IT SHOWS THAT ARGUMENTS HAVE BEEN FULLY CONSIDERED. AND IT...
|
| 00:44:57 |
Unidentified Speaker, -
BECAUSE WE HAVE A HEALTHY DEGREE OF SKEPTICISM ABOUT WHAT WE ARE SAYING UP TO THE VERY END. IT IS GOOD TO SEE THOSE FLESHED OUT. WE DO NOT LIKE IT WHEN...
|
| 00:46:09 |
Unidentified Speaker, -
IS THERE ABOUT MY OPINION DO YOU THINK IS TOO PERSONAL OR CROSSES
|
| 00:46:14 |
Unidentified Speaker, -
THE LINE OR IS NOT QUITE RIGHT? AND I WOULD SAY, MOSTLY IT IS TAKING OUT ADJECTIVES AND ADVERBS. OR THE MAJORITY IGNORES THIS AND THIS, AND THEY DID...
|
| 00:47:22 |
Unidentified Speaker, -
IT HELPED THAT I HAD BEEN A LAW CLERK HERE FOR 25 YEARS EARLIER AND HAD SOME SENSE HOW THE COURT'S FUNCTION. >> BUT YOU NEVER GOT TO GO IN THAT ROOM....
|
| 00:47:37 |
Unidentified Speaker, -
PRACTICE LIKE IN GOVERNMENT ARGUING CASES HERE. YOU PICK UP ALL BIT OF A SENSE OF HOW THE COURT FUNCTIONS. AND WHEN I GOT HERE, MY COLLEAGUES WERE...
|
| 00:47:51 |
Unidentified Speaker, -
|
| 00:47:52 |
Unidentified Speaker, -
WORK, OFTEN IN CONTRADICTORY WAYS, BUT YOU DO GET SOME SENSE OF WHAT IS EXPECTED IN THE PROCESS. AND THEN YOU GO IN AND DO IT AND HOLD YOUR BREATH AND...
|
| 00:49:01 |
Unidentified Speaker, -
I LIKE BECAUSE SOMETIMES ON A QUIET NIGHT TO THE CONFERENCE ROOMS, THE EAST CONFERENCE ROOM AND THE WEST CONFERENCE ROOM, NOT VERY CREATIVE IN NAMING...
|
| 00:49:23 |
Unidentified Speaker, -
SOME EXTENT, YOU LOOK UP TO THEM WITH A DEGREE OF AWE, APPRECIATION FOR WHAT THEY HAD BEEN PREPARED THEY ARE PROBABLY LOOKING DOWN AT YOU WITH EITHER...
|
| 00:51:42 |
Unidentified Speaker, -
NOT SURE ABOUT HOW THEY WERE BEFORE. THE SHORT ANSWER IS, NONE THAT I AM AWARE OF. >> AND WHEN YOU PUT YOUR HAND ON THE BIBLE AND TOOK THE OATH, WHAT...
|
| 00:51:55 |
Unidentified Speaker, -
WERE ONLY 16 PEOPLE BEFORE YOU, YOUR SENSE OF THE RESPONSIBILITIES THAT YOU TAKE IT UPON YOURSELF? DOLLARS THAT I HAD AN IMPORTANT JOB TO DO. -- >> THAT...
|
| 00:52:09 |
Unidentified Speaker, -
IF I HAD TO MAKE ALL OF THESE DECISIONS ON MY OWN, IT WOULD BE PARALYZING. BUT WE SHARE THE BURDENS AND RESPONSIBILITIES. WE HELP EACH OTHER OUT IN DISCHARGING...
|
| 00:52:56 |
Unidentified Speaker, -
AND YOU DON'T SEE IT AS EMBALMING ANYONE ELSE. PEOPLE LOOK AT THE FAMILY, HOW COULD IT BE DIFFERENT? BUT YOU DO GET NEW ARRIVALS IN BOTH
|
| 00:53:08 |
Unidentified Speaker, -
OF THOSE SITUATIONS. IT IS A TREMENDOUS SENSE OF LOSS. JUSTICE SOUTER IS JUST A WONDERFUL COLLEAGUE. IN SO MANY DIFFERENT RESPECTS, AND WE WILL MISS...
|
| 00:54:49 |
Unidentified Speaker, -
THAT WE CONTINUE TO DO. WE CONTINUE TO POUR THROUGH
|
| 00:54:52 |
Unidentified Speaker, -
THOSE 9000 PETITIONS THEY COME ON. YOU CANNOT PUT THOSE OFF. WE GET UP URGENCY MATTERS FROM TIME TO TIME. BUT WE DO GET OUT OF WASHINGTON THE WORKLOAD...
|
| 00:55:34 |
Unidentified Speaker, -
|
| 00:55:38 |
Unidentified Speaker, -
IT IS ALL AT OUR WEBSITE. OUR REGIONAL FEATURE-LENGTH DOCUMENTARY, THE SUPREME COURT, HOME TO AMERICA
|
| 00:55:49 |
Unidentified Speaker, -
AS HIGH AS COURT, WILL BE AVAILABLE SOON ON DVD. IT INCLUDES ALL 11 INTERVIEWS WITH RETIRED AND CURRENT JUSTICES, A TOUR OF THE BUILDING INCLUDING THE...
|
| 00:57:02 |
Unidentified Speaker, -
LEARN ABOUT A LOT FROM THEM. >> HOW MANY LAW CLERKS TO YOU HAVE? >> FOUR, AND
|
| 00:57:10 |
Unidentified Speaker, -
TWO ARE UPSTAIRS. >> THIS PHOTOGRAPH IS INTERESTING BECAUSE YOU ARE THE ONLY PERSON LEFT ON THE SUPREME COURT THAT SERVE WITH WARREN BURGER. DOLLARS THAT...
|
| 00:57:25 |
Unidentified Speaker, -
IS CORRECT. THAT WAS TAKEN THE DAY THAT JUSTICE O'CONNOR WAS SWORN IN, IF I AM NOT MISTAKEN.
|
| 00:57:31 |
Unidentified Speaker, -
IT WAS TAKEN IN THE CONFERENCE ROOM THAT DAY. >>
|
| 00:57:34 |
Unidentified Speaker, -
WHAT IS THE DIFFERENCE BETWEEN THE COURT THEN AN ACCORD NOW? >> EIGHT DIFFERENT JUSTICES. THE EIGHT THAT ARE IN THAT PICTURE HAVE ALL BEEN SUCCEEDED...
|
| 00:57:55 |
Unidentified Speaker, -
THE CHIEF JUSTICE? >> IT IS PRETTY
|
| 00:58:00 |
Unidentified Speaker, -
MUCH DETERMINED BY HOW IT HAS BEEN OPERATED OVER THE YEARS. THERE IS MUCH MORE CONTINUITY IN THE WAY THAT WE DO OUR WORK THEN CHANGE. THERE IS A NEED...
|
| 00:58:12 |
Unidentified Speaker, -
THE NEW CHIEF JUSTICE PRESIDES OVER CONFERENCE. EACH CHIEF JUSTICE HAS HIS OWN METHODS OF PRESIDING AT THE CONFERENCE.
|
| 00:58:20 |
Unidentified Speaker, -
THE PRESENT CHIEF JUSTICE IS DOING AN EXCELLENT JOB. HE HAS SOME VIRTUES THAT THE OTHERS DID NOT HAVE, BUT THAT PRETTY MUCH FOLLOWS THE TRADITION THAT...
|
| 00:58:55 |
Unidentified Speaker, -
A VERY HEAVY WORKLOAD. THERE WERE A NUMBER OF REASONS FOR THE CHANGE, ONE OF WHICH IT THAT WE NO LONGER HAVE MANDATORY
|
| 00:59:05 |
Unidentified Speaker, -
JURISDICTION APPLIED BACK WITH CHIEF JUSTICE BERGER WAS HERE. WE HAVE MORE CONTROL OVER OUR DOCKET THAN WE DID THE THEN. I THINK WE DO A BETTER JOB NOW...
|
| 00:59:46 |
Unidentified Speaker, -
CERT PETITIONS THAT COME IN. THEY PUT THEIR MEMOS ON THOSE THAT THEY THINK I WOULD BE INTERESTED IN.
|
| 00:59:53 |
Unidentified Speaker, -
THEY ALSO WORK ON ALL THE OPINIONS THAT WE PRODUCE. I USUALLY RIGHT OF FIRST DRAFT AND THEN THEY CONVERTED FROM THE DRAFT TO AN OPINION AND MAKE IT MUCH...
|
| 01:01:23 |
Unidentified Speaker, -
AT HOME ON OPINIONS AND I CAN READ AT HOME, AND I SOMETIMES DO.
|
| 01:01:27 |
Unidentified Speaker, -
IT IS A TOTALLY OPTIONAL SCHEDULE. >> WHERE IS THIS OFFICE LOCATED IN THE COURT ITSELF? >> THIS IS DOWN THE NORTHWEST CORNER OF THE BUILDING. >> HAVE...
|
| 01:01:53 |
Unidentified Speaker, -
THE RETIRED CHIEF JUSTICE IS CHAMBERS. I WAS THERE FOR THREE OR FOUR YEARS AND THEN MOVED INTO
|
| 01:01:58 |
Unidentified Speaker, -
CHAMBERS THAT JUSTICE O'CONNOR IS NOW OCCUPYING. :
|
| 01:02:01 |
Unidentified Speaker, -
|
| 01:02:04 |
Unidentified Speaker, -
CHAMBERS THAT JUSTICE SCALIA OCCUPIES NOW, WHICH HAD PREVIOUSLY BEEN OCCUPIED BY JUSTICE STUART. I TOOK OVER WHEN HE RETIRED. THERE HAVE ONLY BEEN THREE...
|
| 01:02:48 |
Unidentified Speaker, -
HE WAS A JUSTICE HERE, AND BEFORE THAT HE HAD BEEN A JUSTICE ON THE COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT.
|
| 01:02:56 |
Unidentified Speaker, -
BEFORE THAT HE WAS THE DEAN OF IOWA LAW SCHOOL, AND HE TAUGHT AT OTHER LAW SCHOOLS DURING HIS CAREER
|
| 01:03:04 |
Unidentified Speaker, -
AS WELL. >> WHAT YEAR DID YOU CLERK FOR HIM? >> 1947 AND 1948. >>
|
| 01:03:10 |
Unidentified Speaker, -
WHAT DID YOU LEARN FROM THAT EXPERIENCE THAT YOU STILL HOLD ON TO TODAY? >> I LEARNED AN AWFUL LOT, I HAVE TO TELL YOU. IT TAKES THE TIME TO WRITE OUT...
|
| 01:03:25 |
Unidentified Speaker, -
OPINIONS -- YOUR OWN DRAFT FOR OPINIONS.
|
| 01:03:29 |
Unidentified Speaker, -
BE SURE YOU UNDERSTAND IT YOURSELF BEFORE YOU TURN
|
| 01:03:32 |
Unidentified Speaker, -
IT OVER TO SOMEONE ELSE TO WORK ON. EVERY CASE IS IMPORTANT, NOT JUST WHEN THERE IS A
|
| 01:03:37 |
Unidentified Speaker, -
LOT OF MONEY INVOLVED. EVERY CASE IS IMPORTANT TO THE PEOPLE WHO ARE INVOLVED IN IT. >> THE FIRST DRAFT, IS THAT YOU NEED TO YOU? >> I CANNOT SPEAK FOR...
|
| 01:04:06 |
Unidentified Speaker, -
LONGHAND THE FIRST FULL DRAFT, AND THEN THE SECRETARY WOULD
|
| 01:04:09 |
Unidentified Speaker, -
TYPE IT UP, AND USUALLY THAT WAS IT. WE MIGHT SUPPLY SOME FOOTNOTES OR SUGGESTIONS, BUT HE DID THE WHOLE THING HIMSELF. >> WHAT HAS BEEN YOUR PHILOSOPHY...
|
| 01:04:39 |
Unidentified Speaker, -
IT TAKES MORE PAGES THAN PEOPLE THINK. I USE FOOTNOTES OCCASIONALLY. I THINK THERE SOME THINGS THAT SHOULD BE IN AN OPINION THAT PEOPLE MIGHT GAIN FROM...
|
| 01:04:52 |
Unidentified Speaker, -
TO READ IN ORDER TO UNDERSTAND THE ARGUMENT AND OPINIONS. I AM ONE OF THOSE OLD-TIMERS TO PUT FOOTNOTES, BUT SOME OF MY COLLEAGUES THINK YOU SHOULD NEVER...
|
| 01:05:27 |
Unidentified Speaker, -
SOMETIMES IT DOES NOT CHANGE VERY MUCH AT ALL.
|
| 01:05:30 |
Unidentified Speaker, -
SOMETIMES IT IS SHORTER AND SOMETIMES LONGER. I THINK MORE OFTEN IT BECOMES A LITTLE LONGER. I AM A FAN OF SHORTER OPINIONS IF IT IS POSSIBLE, BUT
|
| 01:05:40 |
Unidentified Speaker, -
YOU CANNOT ALWAYS DO THAT. >> OVER HERE ON A WALL IS A NUMBER 22 BASEBALL JERSEY. WHAT
|
| 01:05:47 |
Unidentified Speaker, -
IS THAT FROM? >> THAT WAS A GIFT FROM MY LAW CLERKS A FEW YEARS AGO. THEY KNOW I AM A CUBS FAN AND THEY ENCOURAGE MY CONTINUED INTEREST IN THE CUBS....
|
| 01:06:05 |
Unidentified Speaker, -
DO WE HAVE A PICTURE? I THINK THREE YEARS AGO. >>
|
| 01:06:11 |
Unidentified Speaker, -
WHAT WAS THAT LIKE? >> THAT WAS THE HIGHLIGHT OF MY CAREER. [LAUGHTER] MOST OF MY GRANDCHILDREN AND THEIR. I WAS A HERO THAT
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| 01:06:23 |
Unidentified Speaker, -
DAY. THAT WAS MUCH
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| 01:06:24 |
Unidentified Speaker, -
MORE IMPORTANT THAN MY JOB. I THREW IT HIGH AND
|
| 01:06:31 |
Unidentified Speaker, -
WIDE. I HAD TO PRACTICE FIRST. >>
|
| 01:06:33 |
Unidentified Speaker, -
MORE PICTURES OVER HERE ON YOUR WALL. >> THE FIRST ONE IS A PICTURE AT GERALD FORD'S FUNERAL THAT HIS FAMILY GAVE ME. THERE ARE A COUPLE OF LETTERS THAT...
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| 01:06:55 |
Unidentified Speaker, -
THIS PICTURE HERE WAS TAKEN AT THE SWEARING IN OF THE VICE PRESIDENT
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| 01:07:03 |
Unidentified Speaker, -
IN JANUARY. THEN I HAVE A PICTURE OF MY COLLEAGUES FROM THE COURT OF APPEALS FROM THE SEVENTH CIRCUIT. >> SO YOU CLERKED FOR WILEY RUTLEDGE AND YOU COME...
|
| 01:07:38 |
Unidentified Speaker, -
WISCONSIN, ILLINOIS, AN INDIANA. >> WHAT WAS YOUR LEARNING EXPERIENCE SITTING
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| 01:07:48 |
Unidentified Speaker, -
ON THE SEVENTH CIRCUIT? >> I LEARNED A GREAT DEAL. I LEARNED A LOT ABOUT FEDERAL LAW, OF COURSE.
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| 01:07:56 |
Unidentified Speaker, -
I SERVED WITH SOME AWFULLY GOOD JUDGES.
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| 01:08:00 |
Unidentified Speaker, -
TOM FAIRCHILD WAS THE CHIEF JUDGE FOR YEARS. I LEARNED A LOT
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| 01:08:06 |
Unidentified Speaker, -
FROM HIM AND FROM OTHERS OF MY COLLEAGUES. >> WHAT IS THE DIFFERENCE
|
| 01:08:10 |
Unidentified Speaker, -
BETWEEN A CIRCUIT COURT OF APPEALS AND THE SUPREME COURT? REX IN THE CIRCUIT COURT OF APPEALS, YOU ARE MORE BOUND BY PRECEDENT AND THE COURT OF APPEALS...
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| 01:08:29 |
Unidentified Speaker, -
IN THIS COURT, THERE ARE MANY MORE OPEN QUESTIONS THAT HAVE NOT BEEN FINALLY RESOLVED. YOU HAVE MORE OF A DUTY TO DECIDE THINGS FOR THE FIRST TIME THAT...
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| 01:09:06 |
Unidentified Speaker, -
DESK, BUT THE MOST IMPORTANT PART OF THE DESK IS THE COMPUTER. WHEREVER YOU ARE, I SPENT A LOT OF TIME READING. >> BEHIND YOUR DESK
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| 01:09:17 |
Unidentified Speaker, -
OR A NUMBER OF PICTURES. CAN YOU GIVE US A REVIEW? >> MOST OF THEM ARE FAMILY, PRESIDENT FORD, JUSTICE RUTLEDGE, AND THAT IS MY WIFE, TAKEN A FEW YEARS...
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| 01:09:37 |
Unidentified Speaker, -
MY PARENTS, MY THREE DAUGHTERS, AND MY WIFE IN THAT PICTURE. >> GIVE US SOME
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| 01:09:45 |
Unidentified Speaker, -
BACKGROUND ON YOUR PARENTS. >> THAT IS A LONG STORY. THEY BOTH LIVED A LONG TIME. PROBABLY THE MOST NOTABLE PART OF THEIR CAREER, MY DAD WAS RESPONSIBLE...
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| 01:10:05 |
Unidentified Speaker, -
IN CHICAGO. HE WAS IN THE HOTEL BUSINESS, AND ALSO
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| 01:10:11 |
Unidentified Speaker, -
HE WAS A LAWYER. HE STUDIED AT NORTHWESTERN. >> IT IS NOT THAT USUAL TO HAVE SOMEONE ON THE COURT FROM NORTHWESTERN. >> JUSTICE GOLDBERG WAS FROM NORTHWESTERN....
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| 01:10:45 |
Unidentified Speaker, -
SCHOOL FROM JUSTICES THAT WENT TO STANFORD, YALE, AND HARVARD? WRECKS EVERY
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| 01:10:50 |
Unidentified Speaker, -
SCHOOL HAS ITS VIRTUES AND ITS STRENGTHS. "oNNORTHWESTERN HAD A FINE LAW SCHOOL, AND THERE ARE GOOD LAW SCHOOLS ALL OVER THE COUNTRY. I
|
| 01:11:01 |
Unidentified Speaker, -
LEARNED THAT IN HIRING A LAW CLERKS. I HAVE HIRED LAW CLERKS TO MANY, MANY DIFFERENT SCHOOLS WHO HAVE DONE A MAGNIFICENT JOB EVEN THOUGH THERE WERE...
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| 01:11:34 |
Unidentified Speaker, -
CLERK HERE, SERVICE IN THE SECOND -- SEVENTH CIRCUIT, AND A FATHER WHO WAS AN ATTORNEY, WHERE DID YOU
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| 01:11:40 |
Unidentified Speaker, -
GET YOUR PHILOSOPHY OF LAW. >> IT IS THE CULMINATION OF MANY DIFFERENT THINGS THAT COMBINE TO GIVE YOUR REVIEWS
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| 01:11:51 |
Unidentified Speaker, -
OF WHAT THE LAW IS. A LOT IS A RESULT OF YOUR READING AND YOUR OWN EXPERIENCES. MY EXPERIENCES DURING WORLD WAR II HAVE SHAVED MY VIEW IN SOME CASES....
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| 01:12:05 |
Unidentified Speaker, -
NAVY. MY EXPERIENCE AS A PRACTICING LAWYER HAD AN IMPACT, AND MY EXPERIENCE ON THE SEVENTH CIRCUIT. A LOT OF THINGS COMBINED TO AFFECT YOUR VIEW OF...
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| 01:12:41 |
Unidentified Speaker, -
TO MYSELF SOMETIMES, HE IS THINKING THE SAME THING. HE DID NOT EXPECT TO BE QUITE AS CLOSE, QUITE
|
| 01:12:51 |
Unidentified Speaker, -
AS INTIMATE AND EXPERIENCE AS IT IS. YOUR HAVING A CONVERSATION WITH THE PEOPLE ON THE OTHER SIDE OF THE BENCH. IT WAS A VERY INTERESTING EXPERIENCE....
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| 01:13:20 |
Unidentified Speaker, -
TWO SIDES. WHEN I WAS OF A LAW CLERK, IT WAS A STRAIGHT BINGE. >> WHAT ROOM DO YOU LIKE THE BEST? >> HAVE NOT REALLY THOUGHT THAT THROUGH. I SUPPOSE I...
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| 01:13:37 |
Unidentified Speaker, -
I ENJOY MY OWN OFFICE. ONE OF THE MOST INTERESTING PLACES IN THE COURT IS THE SPIRAL STAIRCASE. IT IS WELL
|
| 01:13:46 |
Unidentified Speaker, -
WORTH SEEING. BUT TO BE SPENT MUCH TIME
|
| 01:13:50 |
Unidentified Speaker, -
STUDYING THE HISTORY OF THIS PLACE? >> I HAVE PICKED UP A GOOD DEAL OF THE HISTORY, BUT I HAVE NOT MADE AN INDEPENDENT STUDY. >> WHAT ARE THOSE BOOKS...
|
| 01:14:14 |
Unidentified Speaker, -
WHAT ARE U.S. REPORTS? >> THEY ARE THE REPORTS OF THE DECISIONS BY THE
|
| 01:14:30 |
Unidentified Speaker, -
COURT. IT INCLUDES ALL THE MAJORITY
|
| 01:14:32 |
Unidentified Speaker, -
OPINIONS AND ALL OF THE DISSENTING, SEPARATE OPINIONS. >> WE HAVE READ FOR YEARS
|
| 01:14:40 |
Unidentified Speaker, -
THAT YOU'VE FIGURED OUT A WAY TO SPEND PART OF YOUR TIME HERE AND PART OF YOUR TIME IN FLORIDA. WHAT HAS BEEN YOUR PHILOSOPHY?
|
| 01:14:47 |
Unidentified Speaker, -
WHEN DID YOU START SPENDING A COUPLE OF WEEKS OR MONTHS IN FLORIDA AND DUE IN PART OF YOUR WORK DOWN THERE? >> AT LEAST 25 YEARS. PART OF THAT IS THE...
|
| 01:15:00 |
Unidentified Speaker, -
COMPUTER. YOU CAN CONTINUE TO BE COMMUNICATING YEAR EVEN THOUGH YOUR WORKING THERE. IT IS THE KIND OF JOB THEY DO NOT HAVE TO BE IN THE OFFICE TO PERFORM....
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| 01:15:14 |
Unidentified Speaker, -
READ BRIEFS AND OTHER RESEARCH WITHOUT BEING IN THE OFFICE, AND EVEN WRITE OPINIONS WITHOUT BEING IN THE OFFICE. I CAN DO JUST AS MUCH WORK IN FLORIDA...
|
| 01:16:10 |
Unidentified Speaker, -
SOMETHING WAS RENTING A VIDEO. THE GUY WHO OWNED
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| 01:16:18 |
Unidentified Speaker, -
THE STORE RECOGNIZE ME.
|
| 01:16:24 |
Unidentified Speaker, -
APPARENTLY HE WAS BOTH A LAWYER AND AN ENTREPRENEUR, BUT I AM ALMOST NEVER RECOGNIZED. I JUST DO THE SHOPPING AND SO FORTH AND NOBODY KNOWS WHO I AM....
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| 01:17:03 |
Unidentified Speaker, -
TO GRANT REVIEW OF THE CASE AND SET IT DOWN FOR ARGUMENT. THE CASES WOULD GRANT COME OUT OF THAT NUMBER THAT ARE FILED. >> HOW MANY JUSTICES PARTICIPATE...
|
| 01:17:40 |
Unidentified Speaker, -
CERT PROCESS, AND I THOUGHT I COULD HANDLE THE CASE IS MORE EFFICIENTLY MYSELF WITHOUT PARTICIPATING IN THESE MEMOS THEY ARE PREPARED FOR A GROUP OF JUSTICES.
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| 01:17:50 |
Unidentified Speaker, -
SO THERE WERE SIX THEN, AND AFTER I JOINED, EVERY JUSTICE THAT JOIN THE COURT HAS JOINED THE CERT POOL SINCE THEN. THERE HAVE BEEN A, WITH THE EXCEPTION...
|
| 01:18:37 |
Unidentified Speaker, -
WHAT
|
| 01:18:40 |
Unidentified Speaker, -
DID THAT DO TO YOUR PERSONAL WORKLOAD? >> I THINK IT MAKES A LITTLE LESS, BUT THE CLERK GO THROUGH EVERY CERT PETITIONS HIMSELF AND DIVIDE THEM UP, BUT...
|
| 01:19:02 |
Unidentified Speaker, -
PETITION IS EXPECTED HERE, AND
|
| 01:19:04 |
Unidentified Speaker, -
HOW DOES THAT HAPPEN? WHERE DOES IT HAPPEN? >> ONCE A WEEK, EXCEPT WHEN WE RECESS, WE HAVE A CONFERENCE ON FRIDAY AND WE REVIEW ALL THE CERT PETITIONS...
|
| 01:19:22 |
Unidentified Speaker, -
THE LAST CONFERENCE AND WE KNOW WHETHER TO GRANT OR DENY THEM. IF FOR JUSTICE'S VOTE TO GRANT, THEN IT IS GRANTED. WE DO IT IN THE
|
| 01:19:32 |
Unidentified Speaker, -
CONFERENCE ROOM. ALL THE JUSTICES ARE PRESENT AT THE CONFERENCE, AND NO ONE ELSE'S PRESENCE. OUR DELIBERATIONS ARE ENTIRELY OFF THE RECORD. >> WHAT IS...
|
| 01:20:06 |
Unidentified Speaker, -
HOW FORMAL IS THAT MEETING? >> IT IS IN FORMAL IN THAT EVERYONE IS CONGENIAL AND THERE IS A CERTAIN AMOUNT OF CONVERSATION, BUT MOST OF IT IS BUSINESS....
|
| 01:20:22 |
Unidentified Speaker, -
SENIORITY ABOUT THE CASE. SOMETIMES AFTER WE HAVE DISCUSSED THE CASE, WE WILL TALK ABOUT IT
|
| 01:20:30 |
Unidentified Speaker, -
A LITTLE FURTHER,. >> YOU ARE SENIOR? >> I AM SENIOR IN AGE AND YEARS OF SERVICE, BUT THE CHEAP JUSTICE -- THE CHIEF JUSTICE IS FIRST. >> DID YOU EVER...
|
| 01:20:58 |
Unidentified Speaker, -
WITH ME MY SECOND OR THIRD YEAR HERE, AND I ASKED HIM TO PREPARE
|
| 01:21:01 |
Unidentified Speaker, -
A MEMORANDUM FOR ME ON THE AGES OF RETURN OF ALL MY PREDECESSORS AND TO SUGGEST THE AGE OF
|
| 01:21:09 |
Unidentified Speaker, -
SHOULD PLAN ON RETIRING.
|
| 01:21:11 |
Unidentified Speaker, -
SOMETIMES YOU ARE NOT THE BEST JUDGE OF WHEN HE SHOULD RETIRE. I DID NOT FOLLOW HIS RECOMMENDATION. >> WHEN DID HE SUGGEST? >> I CANNOT REMEMBER EXACTLY...
|
| 01:21:45 |
Unidentified Speaker, -
I JUST
|
| 01:21:46 |
Unidentified Speaker, -
ENJOY THE WORK, AND EACH YEAR I HAVE THOUGHT ABOUT IT AND DECIDED I COULD CONTINUE
|
| 01:21:52 |
Unidentified Speaker, -
TO ENJOY IT AND CONTINUE TO MAKE A CONTRIBUTION. >> WHAT DO YOU DO AT AGE 89 TO STAY AS HEALTHY AS YOU ARE? >> I PLAY A LOT OF TENNIS.
|
| 01:22:02 |
Unidentified Speaker, -
I DO NOT PLAY AS MUCH GOLF AS I USED TO. IN FLORIDA, I GO SWIMMING EVERY DAY. >>
|
| 01:22:17 |
Unidentified Speaker, -
IS THAT PAINTING OVER THE MANTLE THERE OF ANY SIGNIFICANCE? >>
|
| 01:22:21 |
Unidentified Speaker, -
THAT IS QUEEN VICTORIA AS A YOUNG LADY. APPARENTLY THAT IS A PORTRAIT THAT IS IN A NUMBER OF THE SCHOOLS IN ENGLAND. >>
|
| 01:22:39 |
Unidentified Speaker, -
RIGHT NOW THAT WINDOW IS THE
|
| 01:22:45 |
Unidentified Speaker, -
CAPITOL? >> THAT IS RIGHT. >> PUT THE COURT IN PERSPECTIVE. WHAT IS ITS ROLE? >> IT IS AN INDEPENDENT BRANCH OF THE GOVERNMENT'S THAT
|
| 01:23:01 |
Unidentified Speaker, -
HAS TO DECIDE CASES OF CONTROVERSY THAT RAISE A FEDERAL QUESTION. >>
|
| 01:23:06 |
Unidentified Speaker, -
DOES IT DO THE WAY YOU WANT TO DO IT? AND SOMETIMES,
|
| 01:23:13 |
Unidentified Speaker, -
SOMETIMES NOT. IT HAS BEEN TRUE WHILE
|
| 01:23:17 |
Unidentified Speaker, -
I HAVE BEEN HERE AND REALLY THROUGHOUT THE HISTORY OF THE COURT THAT THERE ARE CASES THAT ARE VERY DIFFICULT AND IN WHICH THERE IS A DIFFERENCE OF JUDGMENT...
|
| 01:23:31 |
Unidentified Speaker, -
SOMETIMES YOU THINK THE WORLD WOULD HAVE BEEN OFF -- THE WORLD WOULD HAVE BEEN BETTER OFF IT WAS DECIDED THE OTHER WAY. NEXT IN YOUR 34 YEARS, ARE THEIR...
|
| 01:24:08 |
Unidentified Speaker, -
OPINIONS AND THEY POP OUT AND ARE ALL OVER THE NEWS. DO YOU PAY 80 ATTENTION TO THAT? >> OF COURSE I READ THE PAPERS ABOUT OUR WORK AND THE WORK OF OTHER...
|
| 01:24:22 |
Unidentified Speaker, -
DECIDE WHICH ARE THE MOST SIGNIFICANT. >> DO YOU PLAN WHEN YOU RETIRE THAT YOUR PAPERS EVENTUALLY WILL BE RELEASED TO THE PUBLIC? >> I THINK I WILL SEND...
|
| 01:24:37 |
Unidentified Speaker, -
CASE OF JUSTICE MARSHALL, THEY WERE RELEASED PRETTY EARLY. >> AND DID NOT REMEMBER THE EXACT
|
| 01:24:46 |
Unidentified Speaker, -
DATE. >> GOING BACK TO WILEY RUTLEDGE, WHO WAS THE JUSTICE TO
|
| 01:24:53 |
Unidentified Speaker, -
SERVE AS CLARK. WERE THERE OTHER JUSTICES IN HISTORY THAT MADE A
|
| 01:24:57 |
Unidentified Speaker, -
DIFFERENCE TO YOU? >> YES, BECAUSE OF THE QUALITY OF THEIR
|
| 01:25:04 |
Unidentified Speaker, -
WORK. THERE HAVE BEEN SOME REALLY GREAT JUSTICES ON THE COURT.
|
| 01:25:11 |
Unidentified Speaker, -
BRANDEIS AND CARGOS ARE THE ONES WE OFTEN MENTIONED, AND JUSTICE HOLMES WAS UNEXCEPTIONAL JUSTICE -- WAS AN EXCEPTIONAL JUSTICE. >>
|
| 01:25:23 |
Unidentified Speaker, -
IN YOUR OPINION, WHAT MAKES ADJUST THIS GREAT? >> THE QUALITY OF HIS WORKS -- WHAT MAKES A JUSTICE GREAT? >> THE QUALITY OF HIS WORK. THE WORK PRODUCT...
|
| 01:25:51 |
Unidentified Speaker, -
WRITING? >>
|
| 01:25:55 |
Unidentified Speaker, -
I DON'T THINK I CAN GIVE A
|
| 01:26:01 |
Unidentified Speaker, -
LESSON IN ENGLISH GRAMMAR AND ALL THE REST, BUT THEY HAVE TO BE ABLE TO WRITE CLEARLY, ACCURATELY, AND
|
| 01:26:08 |
Unidentified Speaker, -
HONESTLY. >> ON THE COURT AND THINGS WHEN YOU DISAGREE, WHAT IS YOUR OPTION IF YOU ARE SITTING IN A
|
| 01:26:20 |
Unidentified Speaker, -
CONFERENCE IN A BOAT NOT YOUR WAY. WHAT ROLE DOES YOUR DISSENTING OPINION PLAY IN THE LAW? >> SOMETIMES IT BECOMES PERSUASIVE LATER ON, SOMETIMES IT...
|
| 01:26:36 |
Unidentified Speaker, -
AND THIS THINK IS PART OF THE JOB OF THE JUSTICE TO EXPLAIN HIS OR HER VOTE IN THE CASE. AND DID THE PROCESS IS AN OPEN PROCESS IN THE
|
| 01:26:50 |
Unidentified Speaker, -
SENSE THAT THIS IS ONE INSTITUTION THAT IS BRAIN -- EXPLAINS IN A PUBLIC WAY WHAT IT DECIDED WHAT IT DOES. IT IS APPROPRIATE FOR THOSE WHO DISAGREE TO...
|
| 01:27:36 |
Unidentified Speaker, -
A JUSTICE AS AN OPPORTUNITY FOR THE JUSTICE TO ADVOCATE ONE POINT OF VIEW. I THINK RATHER THE QUESTION SHOULD BE DESIGNED
|
| 01:27:46 |
Unidentified Speaker, -
TO HELP UNDERSTAND WHAT THE ARGUMENTS ON BOTH SIDES ARE, TO ENABLE THE JUSTICE TO REACH A DECISION OF HIS OR HER OWN VIEWS. >> HOW OFTEN DO YOU CHANGE...
|
| 01:28:19 |
Unidentified Speaker, -
THINGS ABOUT THE CASE THAT SHE DID NOT FULLY APPRECIATE OR UNDERSTAND
|
| 01:28:22 |
Unidentified Speaker, -
BEFORE. THERE HAVE BEEN MORE THAN ONE CASE IN WHICH HAVE CHANGED MY VIEWS WHEN I WAS WRITING THE OPINION. >> SO A YOUNG MAN OR WOMAN COMES IN TO YOUR...
|
| 01:28:53 |
Unidentified Speaker, -
DID NOT DECIDE AT THE AGE OF 17, AND I CANNOT REMEMBER TALKING TO ANYONE AT AGE 17 WHO ASK ME FOR THAT ADVICE. THE BASIC RULE IS TO STUDY HARD AND...
|
| 01:29:14 |
Unidentified Speaker, -
CAN. >> DO YOU THINK IN THE FUTURE, THIS IS A COURT THAT HAS EVERY MEMBER WITH THE HISTORY OF SERVING ON A CIRCUIT COURT. THEY ARE ALL CIRCUIT COURT ...
|
| 01:29:37 |
Unidentified Speaker, -
IT IS IMPORTANT FOR COURTS TO HAVE MEMBERS WITH DIFFERENT BACKGROUNDS. A SOLID TELEVISION PROGRAM RECENTLY WERE SOMEONE SAID THERE SHOULD ALWAYS BE...
|
| 01:29:54 |
Unidentified Speaker, -
WITH TECHNICAL EXPERIENCE IN LITIGATION, AND EXPERIENCES WITH OTHER BRANCHES OF THE GOVERNMENT SUCH AS THE LEGISLATURE WOULD BE VERY HELPFUL. FOR EXAMPLE,...
|
| 01:30:58 |
Unidentified Speaker, -
REPUBLICAN FROM ILLINOIS. >>
|
| 01:31:01 |
Unidentified Speaker, -
|
| 01:31:03 |
Unidentified Speaker, -
WHAT ROLE DOES THE LEGISLATIVE HISTORY, NOT THE LAW,
|
| 01:31:08 |
Unidentified Speaker, -
PLAY WHEN YOU COME TO A CASE? >> I THINK IT IS ALL SIGNIFICANT. OUR JOB IS TO FIGURE OUT WHAT CONGRESS INTENDED TO DO. I CAN REMEMBER BEING ASKED BY MEMBERS...
|
| 01:31:26 |
Unidentified Speaker, -
COMMITTEE ABOUT TRICKY QUESTIONS THAT MIGHT BE PRESENTED AND EXPLAINED TO ONE CONGRESSMAN THE DIFFICULTIES I SAW.
|
| 01:31:35 |
Unidentified Speaker, -
HE ANSWERED, WE WILL LET THE JUDGES FIGURE THAT OUT. CONDI -- CONGRESS EXPECTS THE BENCH TO FIGURE SOME THINGS OUT. >> THANK YOU, JUSTICE. >> MONDAY,...
|
| 01:32:22 |
Unidentified Speaker, -
MONDAY AT 6 AND 8:00 P.M. EASTERN ONLY ON C-SPAN. >>
|
| 01:32:27 |
Unidentified Speaker, -
NEXT, A LOOK AT THE NEW BRITISH SUPREME COURT, THEN IT Q&A WITH AUTHOR TRACY KIDDER. AFTER THAT, SUPREME COURT WE CONTINUES
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.