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Scalia A Little Late For Conciliation Argument

 

“Justice Scalia has the opinions in two cases,” the Chief Justice announced as Scalia’s chair sat empty, “he’s asked that I announce them.”

It’s not unusual for the a senior justice to announce the opinion of an absent justice. There are often one or more empty chairs on opinion days when no arguments are heard. But there were two cases to be argued today and unless a justice has recused themselves you can expect that they’ll be on the bench.

Scalia did eventually appear from the maroon curtains behind the bench just as the first argument was getting under way, a sex discrimination case that was really about the EEOC’s failure to use “conciliation” in enforcing Title VII. It turns out the justice was merely delayed in traffic.

You can read Mark Walsh’s account of Scalia’s tardy arrival here on SCOTUSblog.

Here are a couple sketches fro the argument in Mach Mining v. EEOC.

 

 

Also spotted in the courtroom today, and also not unusual, was Cecilia Marshall, wife of the late Justice Thurgood Marshall. She is a frequent visitor to the Court.

 

 

 

Posted in Arguments, Opinions, Supreme Court Tagged with: , , ,

The Lighter Side of a Mixed Case

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Carolyn Kloeckner made a mistake navigating the labyrinth required to file a complaint against her former employer, the U.S. Department of Labor, alleging sex and age discrimination. Actually she filed two separate complaints with the EEOC, appealed to the MSPB and missed a deadline…it’s complicated.

But there were moments of levity as reflected in the arguments transcript and caught in my sketch :

at 17:13

Justice Kennedy, “I’ve probably led a charmed life, but I’ve never heard of a mixed case until this matter came before us”

at 23:17

Justice Kagan, “Mr. Schnapper, if I disagree with everything that you just said, I can still rule for you in this case, right?”

Schnapper, “you can, and you don’t need to address what I just said.”

The case is Kloeckner v. Solis and the transcript is here.

Posted in Arguments, Supreme Court Tagged with: ,
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