Tuesday, April 18, 2017

A confident Justice Gorsuch plunges into the debate on his first day at the Supreme Court - LA Times

A confident Justice Gorsuch plunges into the debate on his first day at the Supreme Court - LA Times

Gorsuch interjected: “No, just to continue to make it up.”

He also chided a lawyer who failed to give a clear answer in response to his queries.

“That’s not a trick question,” he said during a complicated property rights dispute.

And he sounded unswayed by a lawyer for the California public employees retirement fund who defended its decision to file a separate suit in 2011 against Lehman Bros. and one of its insurers on the grounds the rules governing class-action claims were ambiguous.

Gorsuch pointed to the “plain text” of the 1934 securities law. It says, “in no event” may new claims be filed more than three years after the sale of an allegedly fraudulent stock.

“Where’s the ambiguity in ‘in no event’?” Gorsuch asked.

His opening day performance matched that of other new justices who were veterans of a federal appeals court. Justice Sonia Sotomayor asked more than three dozen questions during her first full day in October 2009. But many other newcomers have sat silently and listened to the fast-moving arguments during their first weeks on the high court.

  

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