JUSTICE [ANTHONY M.] KENNEDY: Do you think Marbury v. Madison is right? [Laughter.] Particularly as to the interpretation with such exceptions as Congress may make.
MR. [STEPHEN I.] VLADECK: So, I will confess, Justice Kennedy, that I may perhaps belong in the school of scholars who thinks that Chief Justice [John] Marshall read both the statute and the Constitution to reach the constitutional questions he wanted to reach. I'm not sure that he nevertheless didn't end up with the right -- with the wrong answer. And, again, I think, for purposes of the question presented in this case on this Court's jurisdiction, the more relevant case is not Marbury but Bollman.
MR. [STEPHEN I.] VLADECK: So, I will confess, Justice Kennedy, that I may perhaps belong in the school of scholars who thinks that Chief Justice [John] Marshall read both the statute and the Constitution to reach the constitutional questions he wanted to reach. I'm not sure that he nevertheless didn't end up with the right -- with the wrong answer. And, again, I think, for purposes of the question presented in this case on this Court's jurisdiction, the more relevant case is not Marbury but Bollman.
From the Supreme Court oral argument in Dalmazzi v. United States, January 16, 2018
Full disclosure: the Editor is one of the petitioners' counsel.
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