4 ms·
My favorite line of questioning was the Breyer/Scalia comment: JUSTICE BREYER: Well, one reason might be that this has really never been a problem be
by boredguy8 16y ago
My favorite line of questioning was the Breyer/Scalia comment:
JUSTICE BREYER: Well, one reason might be
that this has really never been a problem because all
the legitimate -- or most of them, anyway -- that these
organizations that have interests in privacy are
actually taken care of by the other 17 exemptions here.
JUSTICE SCALIA: Another reason might be
that personal -- nobody ever thought that
personal privacy would cover this.
I think that combined with the burdens analysis from Scalia is much more damning:
JUSTICE SCALIA: Is it the burden of the
government to show that they intended to exclude
corporations, or is it your burden to show that this
exception was meant to include corporations? I would
think the latter is where the burden lies in this case.
MR. KLINEBERG: Well, Justice Scalia, our -
our burden is to -- is to defend our view of the
statute.
JUSTICE SCALIA: Well, but if you're asking
the government to show that the -- there was an intent
to exclude corporations, I don't think that's their
burden. I think it's your burden to show that this
exemption was intended to include corporations.
MR. KLINEBERG: I agree, Your Honor, that we
are -- our burden is to demonstrate to you why the words
"personal privacy" in the statute apply to corporations.
If the Government had to demonstrate that Congress intended to exempt corporations, none of Robert's questions matter. It might weaken AT&T's case, but it wouldn't destroy it. That the Court & AT&T agree that AT&T needs to demonstrate that Congress intended to exempt the privacy of corporations and that 35 years of FOIA requests don't have a single example of such a decision is what really damages AT&T's position.
And Mr. Yang closed well:
Now, AT&T has given up on the grammatical
imperative that guided exclusively the court of appeals
decision in this case, there's nothing left. AT&T can
provide no example where the term personal privacy has
ever been used to refer to a corporation, much less a
foreign government or state or local government in any
context, whether it be FOIA, the law generally, or even
in common usage.
Also, for what it's worth, one other 'fun line' came at the expense of Mr. Yang. Justice Scalia:
Well, I'm not going to help
the government's position if the government doesn't want
to be helped. I'm happy to leave you where you put
yourself.