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Transcripts For CSPAN Key Capitol Hill Hearings 20141004

On friday we took the cases from tuesday tuesday. Wednesdays we discussed the monday cases. But the deliberation is orderly at the conference. The justices speak in turn going around the table. And usually the discussion is over after everyone has spoken but sometimes on the more difficult cases there would be back and fort later on. But by the time the conference is over most of the cases have been decided and will not be will come out the way the way theyre designed to conference. But there are some cases that are difficult and these deliberations that occur at later times on spontaneous occasions you cant really say. And when you were the senior justice and the majority and youre thinking about who do we sign the opinion to what are you thinking about in that part of the process . Well, it varies. Youre concerned about distributing assignments fairly and equally is one thing. Mainly the primary thing when i was assigned responsibility was to try to pick the justice who would do the

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Transcripts For CSPAN Key Capitol Hill Hearings 20141004

I dissented from my two colleagues who thought the recount actually increased the risk anner own youse count of ballots which i thought was quite wrong. That case was reversed by the was on the court of appeals. If the recount had continued to probably wouldnt have altered the election. There have been some studies that indicate thats the case but the thing that may have roduced the result was the ballots they had in Palm Beach County if i remember correctly some of the details that Patrick Buchanan was on the seed a large number of ballots in an area that probably would have voted democratic. There is a belief gore lost more votes to Patrick Buchanan than to his opponent. That conceivably could have made a different. But it was just a very strange ballot form they had. It was hard for the voter to use. Time for one more question. I wanted to ask about your thoughts on the equal rights amendment. I know it wasnt addressed in your book and i was wondering if you could talk a little bit

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