3 ms·
The oral argument for this case was an entertaining one to listen to. I mean, relative to others. The whole thing is so understated that little stuff stands out
by cvoss 3y ago
The oral argument for this case was an entertaining one to listen to. I mean, relative to others. The whole thing is so understated that little stuff stands out a lot.
First we get this exchange, in which EK interrupts T to make a joke. They try really hard not to interrupt each other normally. Her timing is perfect. [0]
> T: Let's say I'm a Prince fan---which I was in the 80s---
> EK: No longer?
[T is derailed for a solid ten seconds.]
[T proceeds to lay out a hypothetical in the first person, where he is the one being sued.]
That hypothetical is brought up again later, this time by SS, with another joke for T. [1]
> SS: I think my colleague, Justice Thomas, needs a lawyer. And I'm gonna provide it.
Then we get a great show from my favorite SCOTUS lawyer, Lisa Blatt, who always tells it like it is, as she challenges my favorite justice, EK, on her reading of a lower case. [2]
> Blatt: I think that's very unfair to 3 members of Article III [aka 3 judges] who three times said meaning and message is relevant---
> EK: ---3 members?---3?
> Blatt: what they---3 times---what they---yes
[Laughter from R, I think.]
> Blatt: ---well, it's---I find it insulting to the 2nd Circuit panel...
[R still laughing.]
...
> Blatt: I mean I could just keep reading you quotes, but you know how to read a decision as best as I do, but on the very same page they're yakking about, it says...
...
> Blatt: They had a district court opinion that went, completely: This is a Warhol, and Oh my god it's a Warhol!, so it's transformative by definition. And the 2nd Circuit said, No, we're not gonna do that here.
[0] https://www.youtube.com/watch?v=RR1jnZCVbNM&t=1953 https://www.youtube.com/watch?v=RR1jnZCVbNM&t=1953
[1] https://www.youtube.com/watch?v=RR1jnZCVbNM&t=2200 https://www.youtube.com/watch?v=RR1jnZCVbNM&t=2200
[2] https://www.youtube.com/watch?v=RR1jnZCVbNM&t=3087 https://www.youtube.com/watch?v=RR1jnZCVbNM&t=3087