Friday, January 30, 2004

Transcript in the municipal telecommunications case

Here is the transcript from the municipal telecommunications case, the argument of which I went to observe earlier this month, having filed three briefs for amici curiae in the case.

As I noted earlier, one memorable exchange was this:

MR. STRAUSS: . . . Our position in this case is straightforward and I can state it very simply. Gregory against Ashcroft applies in circumstances where the statutory language is ambiguous. The Court has said that three times, including Congress had said, for example, any corporation, which might leave some doubt whether Congress meant only private corporations and not municipal corporations.
QUESTION: But it doesn't mean any fish, for example. I mean, there are a lot of things it doesn't mean.
MR. STRAUSS: I -- I wouldn't -- I wouldn't -- I guess it doesn't mean any fish, Justice Breyer, but of the -- I think it has a very broad meaning.

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