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At the argument, Judge Walker seemed to share this concern.
Justice Elena Kagan was disqualified from the case and was not present at the argument.
At the argument, Justice Samuel A. Alito Jr. suggested that Congress had gone too far.
"We do not rely at all on that," she said at the argument.
At the argument last Tuesday, it emerged that several justices were interested in a larger question.
At the argument on Monday, Justice Antonin Scalia paraphrased that standard.
At the argument in September, Justice Scalia pressed Ms. Kagan on this point.
Monday night's Analysis on Radio 4 looked at the argument in some detail.
"She was highly engaged," Mr. Didden said of Judge Sotomayor's questioning at the argument in 2005.
As Justice Stephen Breyer said at the argument, "There is no quota.
At the argument in San Francisco, the two sides did agree on one point.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com