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FULL COURT PRESS; Masters of the Hypothetical
- Article from:
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The Washington Post
- Article date:
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January 3, 2000
- Author:
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Copyright informationCopyright 2000 The Washington Post. This material is published under license from the Washington Post. All inquiries regarding rights should be directed to the Washington Post. (Hide copyright information)
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Supreme Court justices are a staid, serious bunch. They've been
educated at the top schools. They're logical, sharp-thinking,
highbrow even. Yet hardly an oral argument goes by without one of
them offering a hypothetical question to the lawyer at the lectern
that is so kooky, so off-the-wall, so convoluted, that it makes jaws
drop.
Justice Stephen G. Breyer, who lowers his eyeglasses on his nose
when he speaks, is a master of the genre. His hypotheticals are laden
with quirky details. In a dispute over whether the Food and Drug
Administration can regulate cigarettes as drugs, he began asking
about fictitious substances the FDA also might try to control.
"Suppose you got the thermal-glove ...
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