Carl Tobias
Carl Tobias
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 eyes government tie
If the government does not so tie him, this may weaken the case in the jury's eyes.
action approval branches executive pattern unilateral whether
That's the nub of this issue. Whether there is a pattern of unilateral executive action without approval or consultation with the other two branches of government.
although believe clear early people roberts similar
It's too early to tell. Some people believe that Roberts may be similar to Rehnquist in his jurisprudence, although that's not at all clear yet.
answers anybody gotten hearing reason sees today troubling
I don't think anybody today sees a reason for a filibuster, but they may after the hearing if the answers are troubling to them or they feel they haven't gotten the answers to important questions.
depends five involved policy white
It depends on how extensively she was involved in policy making in her five years in the White House.
england journal next question seems
The next question is the New England Journal flap. It seems to erode their credibility.
behavior erratic hard mean testimony
His behavior is so erratic it's hard to know what his testimony will mean for his case. But he has a right to testify.
easy good paint people trying
Merck is trying to paint this as a tie, but it is really not so good for them because people thought they would have had an easy win.
buying guns maybe past stuck time tough
Sensenbrenner has been tough and stuck to his guns on past occasions. Maybe buying time will help.
attack difficult judge presented respect
He anticipated an attack on him. I have a lot of respect for a judge who, presented with a difficult decision, admits it's going to be tough. He has discharged his oath.
came case circumstance dire government overstated seem strong
The government may have overstated the dire circumstances going in. But when they actually came to prosecute the case, it didn't seem as dire or as strong a case when they came to the courthouse.
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.
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.