Word: briefed
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Since neither of the lawyers Tuesday pressed the Harvard professors’ brief, at least one of the justices would have to take up the statutory argument in discussions with his or her colleagues...
...brief by Dellinger and the Harvard professors could be attractive to the justices because it would allow them to avoid tackling FAIR’s free-speech claims head...
...Breyer, a 1964 graduate of Harvard Law School, asked during oral arguments Tuesday, “Why not interpret the statute in the way that the amicus brief suggests in order to avoid the difficult constitutional question...
Still, legal experts said, the court might feel inclined—and even obligated—to sidestep the free-speech issue by ruling on statutory grounds, as the Harvard brief suggested...
...only Justice Souter, but also, possibly, Justice Breyer—and maybe even Justice [Sandra Day] O’Connor—could be attracted to the statutory argument,” Martha L. Minow, the Smith professor of law at Harvard who helped to organize the faculty brief, wrote in an e-mail. Minow was one of a team of Harvard Law professors who organized the filing of the brief among the faculty—along with Frank I. Michelman, who is the Walmsley University professor at Harvard, and David J. Barron...