‘You Can’t Change My Hypothetical!’: Justice Gorsuch Spats with Attorney over Mail-In Ballots
‘I don’t mean to disparage your hypothetical’
EXCERPT:
GORSUCH: “Just first deal with my hypothetical, and then I'll deal with your statute.”
STEWART: “OK. The election happened on Election Day.”
GORSUCH: “Even though it changes the outcome.”
STEWART: “I mean, I think it is.”
GORSUCH: “Yes, it has to be your answer, doesn't it?”
STEWART: “I mean, yes, Your Honor. I want to be clear about that.”
GORSUCH: “OK. All right.”
STEWART: “We are not agreeing that the outcome can be properly changed in that circumstance.”
GORSUCH: “Well, hold on. It did in my hypothetical. You can't change my hypothetical, counsel.”
STEWART: “And I'm just saying it's unlawful, Your Honor.”
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