[EL] Most surprising remark in today's oral argument in the Arizona redistricting case

Thomas J. Cares Tom at TomCares.com
Mon Mar 2 14:17:58 PST 2015


I wonder if Waxman was able to respond to that with anything constructive
(possibly an unfair position to be put in, as that remark isn't very
interrogative).

On Monday, March 2, 2015, Marty Lederman <lederman.marty at gmail.com> wrote:

> SETH WAXMAN:  The meaning of the word "legislature" that we advocate ["the
> power that makes laws," which Waxman derived from Samuel Johnson's *Dictionary
> of English Language *(10th ed. 1792) and Noah Webster's *Compendious
> Dictionary of the English Language* (1806)] . . . was, in fact, the
> consensus definition of "legislature."
>
> JUSTICE SCALIA:  . . . . I don't think it was a consensus definition at
> all.  *You've plucked that out of ­­a couple of dictionaries*.
>
> [I was present in the Courtroom and can attest that the last sentence was
> uttered with derision.  I probably was not the only one who was somewhat
> alarmed to hear that, given the source.]
>


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