Ineffective Assistance of Counsel
When I listened to the audio of today’s argument, my first thought was “Why is the Government letting a 1L argue this case?”
Oh, wait–that was Donald Verrilli, the Solicitor General. He stumbled over his words, reached for a glass of water after 45 seconds, and couldn’t grab the lifelines thrown to him by friendly Justices. What a terrible job. (On top of the fact that yesterday he got “tax” and “penalty” confused.) It reminds me of the story about one of FDR’s early SGs who was so bad that some of the Justices informally advised the White House that they’d better get somebody else if they wanted to win.
On the substance, I’ll have more to say soon.