| 00:01:03 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
WANT TO EXPRESS MY APPRECIATION TO BOTH JUSTICE SCALIA AND JUSTICE BREYER FOR BEING BACK HERE IN THE SENATE JUDICIARY COMMITTEE. WHEN -- HAVING BEEN...
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| 00:07:09 |
Grassley, Charles "Chuck" E. - U.S. Senator, [R] Iowa
MATTER, THEY DEMONSTRATE A PROFOUND RESPECT FOR EACH OTHER. THAT'S ALSO THE EXAMPLE OF THE RANKING MEMBER AND I HAVE TRIED TO ACHIEVE IN OUR WORK TOGETHER...
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| 00:09:52 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
FRAMERS, SINCE THAT IS THE EXTENT OF THE LIMITATION ON SELF GOVERNMENT THAT THE PEOPLE HAVE AGREED TO IMPOSE ON THEMSELVES. WHEN JUDGES CHANGE THE MEANING...
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| 00:11:18 |
Breyer, Stephen G. - Associate Justice
COURT. AND WAS THERE FOR THE HEARINGS BOTH TIMES. NOW, DESPITE THE DIFFERENT PERSPECTIVES ON CONSTITUTION INTERPRETATION, THEY WERE CONFIRMED BY A WHOPPING...
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| 00:16:51 |
Scalia, Antonin - Associate Justice
JUDGES IN OUR COURT THAT COME TO VISIT, LATIN AMERICAN JUDGES OR ASIAN JUDGES, CHIEF JUSTICE OF GHANA AND SHE POSED THAT VERY QUESTION, WHY DO PEOPLE...
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| 00:24:03 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
KNOW WHAT AN EXCESS OF LEGISLATION WAS. SO UNLESS AMERICANS CAN APPRECIATE THAT AND LEARN TO LOVE THE SEPARATION OF POWERS, WHICH MEANS LEARNING TO...
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| 00:24:57 |
Scalia, Antonin - Associate Justice
YOU MAY NOT GET TOTAL UNANIMATY. BUT I FIND BOTH OF YOU TO BE FASCINATING. FOR EVERYTHING THAT MIGHT GO WRONG THIS WEEK AND ALL OF THIS MAKES UP FOR...
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| 00:25:52 |
Breyer, Stephen G. - Associate Justice
NO, SIR. A LAW'S A LAW. IF IT MEETS THE REQUIREMENTS OF THE CONSTITUTION, HAVING PASSED BOTH HOUSES AND EITHER BEING SIGNED BY THE PRESIDENT OR HAVING...
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| 00:30:16 |
Scalia, Antonin - Associate Justice
DOES THAT DO FOR OUR -- THE RULE OF LAW, THE PURSE, THE SWORD, YOU HAVE A QUESTION OF WHAT CONFIDENCE THE AMERICAN PUBLIC HAS, SO JUSTICE BREYER, YOU...
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| 00:34:52 |
Grassley, Charles "Chuck" E. - U.S. Senator, [R] Iowa
TOO? >> I INTEND TO AGREE WITH THAT. WE'RE UNANIMOUS IN OUR COURT 40% OF THE TIME. SURPRISINGLY ENOUGH, IT ISN'T ALWAYS THE SAME FIVE AND THE SAME
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| 00:35:09 |
Breyer, Stephen G. - Associate Justice
FOUR. >> AND YOU SHOULD BE SUSPICIOUS IF WE DON'T HAVE A LOT OF 5-4 DECISIONS, BECAUSE THE MAIN REASON WE TAKE A CASE IS THAT THERE IS A CIRCUIT CONFLICT...
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| 00:38:53 |
Scalia, Antonin - Associate Justice
309 MILLION PEOPLE, 308 MILLION OF WHOM, TO EVERYONE'S SURPRISE, ARE NOT LAWYERS, AND THEY HAVE MANY DIFFERENT VIEWS, AND IT'S A GOOD THING, NOT A BAD...
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| 00:41:18 |
Breyer, Stephen G. - Associate Justice
IT WAS NAMED AFTER A FELLOW NAMED MIKE MOSCOW, WHO WAS ONE OF THE PRESIDENT'S ASSISTANTS, AND HE OBSERVED THAT WHENEVER ACTION MEMOS WENT INTO THE...
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| 00:43:33 |
Scalia, Antonin - Associate Justice
SHOULD DO IT, MAYBE WE CHANGE OUR MIND FIVE TIMES, AND EVENTUALLY THINGS WILL SETTLE DOWN, AND WHAT I SAY ABOUT MY COURT, IT'S REALLY WONDERFUL IF ...
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| 00:44:19 |
Kohl, Herbert "Herb" H. - U.S. Senator, [D] Wisconsin
WE DO A LOT OF NOTHING. [ LAUGHTER ] I TOLD YOU THAT THE MAIN REASON WE TAKE A CASE IS BECAUSE THERE'S DISAGREEMENT BELOW. BUT IF THERE'S NO DISAGREEMENT...
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| 00:45:01 |
Scalia, Antonin - Associate Justice
DOGS LIE, WHICH IS THE WAY ONE SHOULD LIVE THEIR LIFE, I THINK. >> THANK YOU, SENATOR? >> THANK YOU, MR. CHAIRMAN. JUSTICE SCALIA, IN YOUR OPENING...
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| 00:46:23 |
Breyer, Stephen G. - Associate Justice
IN FRANCE OR IN ENGLAND, BUT, YOU KNOW, THE CONSEQUENCE OF THAT IS YOU HAVE SWINGS FROM ONE EXTREME TO ANOTHER AS THE LEGISLATURE CHANGES. THAT DOESN'T...
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| 00:48:13 |
Scalia, Antonin - Associate Justice
TODAY HAS TO KNOW HOW GOVERNMENT WORKS, THEY HAVE TO KNOW SOMETHING ABOUT THEIR HISTORY, AND THEY HAVE TO BE WILLING TO PARTICIPATE. IT'S VERY EASY TO...
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| 00:49:28 |
Breyer, Stephen G. - Associate Justice
YOU'RE WASTING YOUR TIME. IT'S OVERWHELMINGLY LIKELY WE WILL NOT GRANT IT, SO IT IS NOT THE CASE, I ASSURE YOU, THAT WE PROWL ABOUT LOOKING FOR AN...
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| 00:50:45 |
Scalia, Antonin - Associate Justice
CONFERENCE, I KNOW THERE ARE GROUPS OF LAWYERS THAT WOULD PARTICULARLY LIKE TO SEE US TAKE MORE CASES AND WHEN SANDERS WAS ON THE COURT, SHE SAID THIS...
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| 00:52:47 |
Breyer, Stephen G. - Associate Justice
I'M TRYING TO TAKE MORE RATHER THAN I'M TRYING TO TAKE LESS. I SUSPECT THAT THE MAJOR REASON FOR THE DECLINE WAS THAT IN -- WHEN I FIRST CAME ON THE...
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| 00:53:49 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
IS PASSED, THEN I THINK WITH A FIVE OR TEN YEAR LAG YOU'LL SUDDENLY SEE A LOT OF CASES IN THE SUPREME COURT. AND IF YOU GO FIVE OR TEN YEARS AND THERE'S...
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| 00:54:17 |
Hatch, Orrin - U.S. Senator, [R] Utah
LOTS OF HABIOUS CASES. LAWS THAT ARE LIKELY TO COME TO US. MY GUESS IS, WITH A LAG, THAT CASE LOAD WILL START GOING UP. >> THANK YOU. >> ABOUT TO GO...
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| 00:56:01 |
Breyer, Stephen G. - Associate Justice
YOU MEANT A LOT TO US THEN AND MEAN A LOT TO US NOW. LET ME JUST SAY, WHEN JUDGES CONSTRUE OUR STATUTES, THEY TRY TO FIGURE OUT WHAT WE MEANT BY WHAT...
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| 00:58:36 |
Scalia, Antonin - Associate Justice
GOOD LEVEL, SHOULD WE FOLLOW THOSE PURPOSES IN TERMS OF THE VALUE OF THE FRAMERS, ABSOLUTELY, YES. IN TERMS OF TRYING TO APPLY IT TO SITUATIONS THAT...
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| 01:02:16 |
Breyer, Stephen G. - Associate Justice
IT, IT'S TERRIBLE. THAT'S -- THAT'S JUST ONE OF THE DISABILITIES WE OPERATE UNDER, AND THAT'S ONE OF THE REASONS WE'RE NOT SUPPOSED TO ADDVERT TO ...
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| 01:05:05 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
IT, AND I'LL RESPOND. BECAUSE I'M NOT GOING TO LET HIM PUT IN QUOTES, GET AWAY WITH THAT, OR HE'S POINTED OUT, I DON'T KNOW HOW THAT GOT IN MY OPINION,...
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| 01:05:51 |
Feinstein, Dianne - U.S. Senator, [D] California
WHAT WE SEE AS THE JOB. >> YOU KNOW, IN SOME WAYS I FEEL LIKE I'M BACK IN MY FAVORITE SEMINARS IN LAW SCHOOL, WHICH IS A LOT MORE FUN THAN SOMETIMES...
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| 01:08:05 |
Scalia, Antonin - Associate Justice
ISSUE IS WHAT STATUTES EQUAL PROTECTION. >> YES, ALL RIGHT. ARE WOMEN INCLUDED? >> YEAH, OF COURSE, THEY ARE INCLUDED. >> YEAH. >> WELL, LET ME ASK...
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| 01:09:46 |
Breyer, Stephen G. - Associate Justice
PROVISION'S MEANING IN 1789. AND YOU HAVE ALSO SAID THAT GOVERNMENT, EVEN AT THE SUPREME COURT LEVEL, IS A PRACTICAL EXERCISE, AND THAT -- WELL, LET ME...
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| 01:11:50 |
Scalia, Antonin - Associate Justice
THE RIGHT OF EXPRESSION THAT PREDOMINATES THERE? VERY HARD, AND SO IF I HAD TO INCORPORATE IN FOUR WORDS, I FOUND IT IN GORDON WOODS' BOOK, IN CONNECTICUT,...
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| 01:14:00 |
Breyer, Stephen G. - Associate Justice
PROHIBITED AND TRY TO CARRY THAT FORWARD TO THESE NEW PHENOMENA. THAT'S THE BASIC DIFFERENCE BETWEEN ORIGINALISM AND THE LIVING CONSTITUTION. I...
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| 01:14:39 |
Scalia, Antonin - Associate Justice
MEANS, AND YOU COULD KISS US GOOD-BYE. >> THANK YOU. >> I'D ADD ONE THING, THAT WE HAVE THIS DISCUSSION FROM TIME TO TIME IN PUBLIC, WE'VE HAD IT BEFORE....
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| 01:15:26 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
IT. [ LAUGHTER ] THERE ARE THOSE PEOPLE ALWAYS CRITICIZING ORIGINALISM BECAUSE IT'S NOT PERFECT, THAT, YOU KNOW, OH, YOU HAVE TO FIGURE OUT HISTORY...
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| 01:16:42 |
Graham, Lindsey - U.S. Senator, [R] South Carolina
BUDDIES RAN A MARATHON THROUGH A GAME PARK IN SOUTH AFRICA WITH LIONS ROAMING AROUND. HE REMEMBERED THAT. HE USED YOUR LINE. AND I MUST ADMIT, IN...
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| 01:17:15 |
Scalia, Antonin - Associate Justice
AUDIENCE. HOW DO YOU BECOME A JUDGE AT THE FEDERAL LEVEL. >> APPOINTED BY THE PRESIDENT OF THE UNITED STATES. >> THERE IS AN IRA SAYING, GOOD LUCK...
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| 01:18:48 |
Breyer, Stephen G. - Associate Justice
I REALLY SHOULD THINK ABOUT WHO I'M VOTING FOR BECAUSE THE COURT DOES HAVE A LOT OF POWER, AND I'M GOING TO CONSIDER THAT. IS THAT OKAY, JUSTICE BREYER?...
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| 01:19:50 |
Scalia, Antonin - Associate Justice
PHILOSOPHY. AND THAT CAN HAPPEN. BUT AS FAR AS ASKING ME IN A WAY ABOUT THE REST OF IT, I'VE SAID -- I SAY THIS A LOT. SO I MIGHT AS WELL REPEAT...
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| 01:23:36 |
Breyer, Stephen G. - Associate Justice
TO DO THIS. >> YEAH. >> TWO-THIRDS OF THE PEOPLE COMING TO THE JUDICIARY TODAY COME FROM THE PUBLIC SECTOR. 30 YEARS AGO, TWO-THIRDS CAME FROM THE PRIVATE...
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| 01:25:16 |
Scalia, Antonin - Associate Justice
A PRETTY HIGH-LEVEL OFFICIAL GIVES YOU THE TIME, MR. OR MRS., YOU SEE, THAT YOUR PROBLEM CALLS FOR. AND THAT IS SHOWN IN THE WAY THE COURTHOUSE LOOKS....
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| 01:25:45 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
OF YOUR QUESTION IS HOW DO WE MAINTAIN THE STRENGTH OF WHAT HAS REALLY BEEN A UNIQUE INSTITUTION IN THE WORLD. IT ISN'T JUST SUPREME COURT NOW. IT'S...
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| 01:27:02 |
Durbin, Richard "Dick" J. - U.S. Senator, [D] Illinois
HAVE VACANCIES TODAY. CHIEF JUSTICE SAID THAT WE OUGHT TO -- HE IS CALLING IT CRITICALLY -- HE SPOKE OF THE CRITICALLY OVERWORKED DISTRICTS. FRANKLY,...
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| 01:29:08 |
Breyer, Stephen G. - Associate Justice
COUNTRY. AFRICAN-AMERICANS, SIX TIMES THE RATE OF CAUCASIANS INCARCERATION. 2009 STUDIES SHOW THAT ONE OUT OF EVERY 11 AFRICAN-AMERICANS IS IN PRISON,...
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| 01:36:10 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
QUESTION, USUALLY THERE IS A PRESS INQUIRY. AND I KNOW, YOU KNOW, SOMETIMES WE WRITE OPINIONS ABOUT IT. AND USUALLY THE PRESS GETS AN ANSWER. SO I'M...
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| 01:37:46 |
Lee, Michael "Mike" S. - U.S. Senator, [R] Utah
ABOUT THE REMAINING EIGHT? >> DON'T KNOW. >> I DON'T KNOW THAT THAT WOULD MAKE ANYBODY HAPPY EITHER. AND WHAT IF IT'S 4-4. THEN YOU DON'T HAVE SOMEBODY....
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| 01:39:52 |
Scalia, Antonin - Associate Justice
IS ANTITHETICAL TO THE CONSTITUTION? FOR INSTANCE, LET'S SUPPOSE THAT CONGRESS, WHEN LEGISLATING ON THE DELICATE AND PRESSING ISSUE OF MAINTAINING THE...
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| 01:40:56 |
Breyer, Stephen G. - Associate Justice
I HATE TO MENTION THIS WITH MY FRIEND STEPHEN HERE SINCE HE WAS ON THE SENTENCING COMMISSION. I THOUGHT WHEN CONGRESS CREATED A SENTENCING COMMISSION...
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| 01:41:35 |
Scalia, Antonin - Associate Justice
THAT IT'S MORE EFFICIENT, YOU HAVE BICAMERAL PASSAGE, YOU HAVE DELEGATED THE POWER. >> EXACTLY. >> YOU HAVE TO BE CAREFUL, BECAUSE JON JAY, I JUST...
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| 01:45:14 |
Breyer, Stephen G. - Associate Justice
NEW BOOK, MAKING OUR DEMOCRACY WORK. IT'S VERY WELL WRITTEN AND FASCINATING. I THINK IT'S GOOD READING FOR ANY LAW STUDENT OR LAWYER OR AMERICAN WHO...
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| 01:46:36 |
Scalia, Antonin - Associate Justice
INTERNATIONALLY. SO THAT'S SO COMPLICATED AND DIFFERENT THAT IT'S HARD FOR THE COURTS TO FIND A GENERAL PRINCIPLE THERE. THAT'S MY POINT THERE. THAT'S...
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| 01:48:34 |
Blumenthal, Richard - U.S. Senator, [D] Connecticut
LAWS. PEOPLE IT GOT STRUCK. WE NEVER STRIKE DOWN YOUR LAWS, GENTLEMEN. WE JUST IGNORE THEM. [ LAUGHTER ] >> WHERE YOUR LAW DOES NOT COMPORT WITH THE...
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| 01:50:31 |
Scalia, Antonin - Associate Justice
SO I GUESS I SAY AS NOT ONLY ONE WHO HAS ARGUED BUT ALSO A FORMER LAW CLERK WHO SAT THROUGH A YEAR OF ARGUMENTS AND LEARNED SO MUCH ABOUT THE SYSTEM...
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| 01:53:23 |
Breyer, Stephen G. - Associate Justice
REASONS, SURELY THE TAPES ARE GOOD ENOUGH. >> WELL, THE TAPES, WITH ALL DUE RESPECT, AND I UNDERSTAND YOUR ARGUMENT, DON'T CONVEY IN THE SAME WAY WITH...
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| 01:59:00 |
Sessions, Jefferson "Jeff" - U.S. Senator, [R] Alabama
HAS EXPIRED AND I WANT TO THANK YOU AGAIN FOR BEING HERE. AND I AM NOT AT ALL DISMISSIVE OF THE POINTS THAT YOU HAVE MADE. ON THE CONTRARY, HAVE I...
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| 02:02:31 |
Scalia, Antonin - Associate Justice
HAS A DIFFERENT STANDARD. >> YOU DON'T SCARE ME, SENATOR. >> NO. PROFESSIONAL VAN ALSTYNE MADE A SPEECH TO THE 11th CIRCUIT ONE TIME, AND HE SAID THE...
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| 02:04:04 |
Breyer, Stephen G. - Associate Justice
IT SEEMS TO ME A VERY FAIR QUESTION FOR THE SENATE TO ASK OR FOR THE PRESIDENT TO ASK WHEN HE SELECTS THE NOMINEE, WHAT KIND OF A NEW CONSTITUTION WOULD...
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| 02:07:51 |
Scalia, Antonin - Associate Justice
LOOKING TO -- WHAT ARE THE FREE SPEECH CONSEQUENCES. WE HAD A CASE. WE HAD A CASE WHERE SOMEBODY TOOK A TAPE RECORDING. OF SOMETHING THAT WAS IN...
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| 02:10:28 |
Whitehouse, Sheldon - U.S. Senator, [D] Rhode Island
THOUGH THEY MAY BE WONDERFUL, DECENT PEOPLE, INTELLECTUALLY GIFTED IN THAT REGARD. AND ONE OF MY STANDARDS IS THE DEATH PENALTY CASE. ANY JUDGE THAT...
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| 02:11:47 |
Scalia, Antonin - Associate Justice
GOVERNMENT. AND I WISH YOU WOULD SAY A FEW WORDS ABOUT THE ROLE OF THE JURY WITHIN THAT ARCHITECTURE AND WHETHER OR NOT YOU SEE THE JURY AS JUST A...
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| 02:12:36 |
Breyer, Stephen G. - Associate Justice
IS WHY IT IS GUARANTEED IN THE BILL OF RIGHTS IN CRIMINAL CASES. AND INDEED IN ALL CIVIL CASES THAT COMMON LAW INVOLVING MORE THAN $20. THE JURY IS A...
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| 02:16:15 |
Scalia, Antonin - Associate Justice
BGION W o POLK LARGER SIGNIFICANCE THAN JUST A CHECK ON YOU ALL. IT'S ALSO A CHECK ON ALL OF US AND THE REST OF THE SYSTEM OF GOVERNMENT. >> I THINK...
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| 02:18:07 |
Breyer, Stephen G. - Associate Justice
STES SMG G GO F A FACT THAT HAVE DN STATS aOaIAY MEA TH STA SRE NNG KT KA KUS FINDING OF FACT. CONSTITUTIONAL PROVISION. AND IF THE STATE SUPREME COURT...
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| 02:19:00 |
Leahy, Patrick J. - U.S. Senator, [D] Vermont
THE. WE WON'T GO INTO. -- NOTICED OVER TIME THAT FINDING FACTS PARTICULARLY BAD AT. TO TRY TO GET PEOPLE TO READ THIS ENORMOUS RECORD AND COME TO A...
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NOTE: The transcript for this program was compiled from uncorrected Closed Captioning.