Since the blogosphere seems to be mischaracterizing the "not selling" comment, I think it's worth noting that Justice Sotomayor was trying to prompt Verrilli to move on to his other points, which he had not focused on at that time in the argument. It is clear that the "not selling" comment was a reference to the reception from her colleagues of Verrilli's first argument -- not that she wasn't sold -- and that he should now focus on the other points.
From the transcript:
JUSTICE SOTOMAYOR: question? Can I get to a different I think even I or someone else cut you off when you said there were three reasons why -- 2(B). Putting aside your argument that this -that a systematic cooperation is wrong -- you can see it's not selling very well -- why don't you try to come up with something else?
Since the blogosphere seems to be mischaracterizing the "not selling" comment, I think it's worth noting that Justice Sotomayor was trying to prompt Verrilli to move on to his other points, which he had not focused on at that time in the argument. It is clear that the "not selling" comment was a reference to the reception from her colleagues of Verrilli's first argument -- not that she wasn't sold -- and that he should now focus on the other points.
ReplyDeleteFrom the transcript:
JUSTICE SOTOMAYOR: question? Can I get to a different I think even I or someone else cut you off when you said there were three reasons why -- 2(B). Putting aside your argument that this -that a systematic cooperation is wrong -- you can see it's not selling very well -- why don't you try to come up with something else?