It was bitterly cold outside the Supreme Court this morning which may explain why there were fewer spectators than usual for today’s arguments.
These sketches are of the first argument, Henderson v. U.S., concerning a felon’s attempt to transfer ownership of a gun collection that as a result of his conviction he was no longer allowed to possess. Tony Henderson, who pleaded guilty to marijuana distribution, asked that the firearms, which had no part of his crime, be sold to a friend or transferred to his wife. The government refused, of course, pointing out that such a close connection to the recipient amounted to “constructive possession“.
Henderson’s lawyer, UVa law professor Daniel Ortiz, began his argument stating that his client was willing to have the guns sold by a federally dealer, though that was not his preference. That seemed fairly reasonable and straight forward to me – hey, even a non-lawyer like me might be able to follow this argument. But then they pulled out the scalpels and started dissecting the meaning of possession, forfeiture, due process, dominion and takings. “Well, it’s a kind of complicated transaction . . . , Your Honor”, responded Ortiz to a question from Justice Kagan.
For its part, the government was okay with letting a dealer sell the guns. But when it came to who picks the dealer the lawyer for the government faced some tough questions, especially from Scalia.
The trial of accused Boston Marathon bomber Dzhokhar Tsarnaev finally got underway today with opening statements and testimony from the first witnesses.
It was such a busy day for me that I can no longer think straight so I’ll just post my sketches and let you read about it elsewhere.
Tsarnaev’s defense don’t dispute that their client planted the pressure cooker bomb but argue that he acted under the influence of his brother, Tamerlane. For that reason the defense briefly questioned only one of the government’s witnesses on cross.
