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Oh, I get that, but I think C.J. Roberts had more in mind.


He's not one to jockey on the bench, and IIRC, he's criticized other justices for too much "showmanship" during oral arguments. I don't think he would ask a difficult question just to see counsel squirm. Or to put them in a difficult spot. He doesn't seem the type.

Maybe I'm reading to much into it, but I think he had an underlying purpose in mind and was angling for a way to get to a 6-3 decision, rather than a 5-4 decision.


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