Carl Tobias
Carl Tobias
balance civil expect government highly issues judges legal liberties mechanisms national needs relevant rights security seems sensitive sort trying
It seems to me that it would be relevant to a person's case. I would expect the government to say that it is highly sensitive material, but we have legal mechanisms to balance the national security needs with the rights of defendants. I think judges are very conscientious about trying to sort out these issues and balance civil liberties and national security.
court difficult situation
It was difficult for me to think of another situation where a court has said this to the government.
business elite expressed movement religious
It was the intellectual elite of the conservative movement that expressed the most concern, not the religious conservatives or the business conservatives.
begin case felt people soon weak
It's too soon to say Merck has momentum. Many people felt the Irvin case was a weak case to begin with. It was a short-term usage case.
case saying
It's always unpredictable saying what the docket will look like in 10 years, ... It could be high-tech, biotech. ... If it were present-day issues, you'd have to take it case by case.
cares extent house warning white
It's a warning to the extent the White House cares or listens.
hauled might pause sued
It might give them pause to think they might be sued and hauled into court.
almost articulate likable sort
very articulate but sort of reserved, almost kind of shy. And so I think he is a very likable sort of person.
high liability needs negligence prove question shield standard unusual
The question is how high the liability shield needs to be. I think 'willful misconduct' is too high. We usually use some kind of negligence standard in these situations. It would be very unusual that you could prove that intentional misconduct had happened.
cake eat question
The question is, can they have their cake and eat it too?
concern might pressure strike terrorist united
There's a lot of pressure because of the concern there might be another terrorist strike in the United States.
fight willing
That's where Rehnquist was at his most vocal, ... He was always willing to fight for an independent judiciary.
charges citizen concern great hold issue likely means whether
This means the issue of whether you can hold a citizen 3 1/2 years without charges will likely be unresolved, which is of great concern to many.
moderate specter
Specter is the key, and then it comes down to moderate Republicans and where we were in May.