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Last month, the justices assembled for a special argument session on the new campaign finance law.
Their fears seemed well founded this past week, during the court's final argument session of the term.
The last time the court held a special argument session during its summer recess was in July 1974 for the Watergate tapes case that led to President Richard M. Nixon's resignation.
Then last month, the justices assembled for a highly unusual special argument session on the constitutionality of the new campaign finance law, a case that counts as part of the past term.
Moments later, the argument session ended, but there appeared to be widespread agreement in the crowd that slowly and -- after 90 minutes of silence -- talkatively made its way out of the courtroom that the justices' work had just begun.
Appearing as divided as the rest of the country over Florida's disputed presidential votes, the United States Supreme Court grilled the lawyers for both sides today in an intense argument session that ended in uncertainty over how -- or whether -- the justices would decide Gov. George W. Bush's appeal of the Florida Supreme Court's extension of the state's vote-counting deadline.
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He has missed November and December argument sessions.
In May 1996, just nine days after AEDPA was signed into law, and after the court's regular argument sessions for the term had concluded, the justices scheduled a special sitting to hear a case on whether the law's all-but-total elimination of an inmate's right to file more than one habeas corpus petition amounted to an unconstitutional "suspension" of habeas corpus.
The chief justice told Mr. Lamb that the justices had discussed his request today and that "a majority of the court remains of the view that we should adhere to our present practice of allowing public attendance and print media coverage of argument sessions, but not allow camera or audio coverage".
The focus of the argument this session shifted from the constitutional theories that dominated arguments on Dec. 1 to the standards and practicalities of manual counting.
This contention--that empathy and neutrality are at odds with each other--has become the central argument of Sessions's attack on the President's views, even after he stopped using the word empathy to describe them.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com