Blackman Gives Justice Kennedy “Intellectual Whiplash”

December 2nd, 2013

From today’s oral argument in BG Group plc v. Republic of Argentina:

JUSTICE KENNEDY: No, you can’t — no, you can’t say that. You can’t say that. There is no arbitration agreement under your — it would still be for the court.

MR. BLACKMAN: Well, there could be an arbitration in the first instance.

JUSTICE KENNEDY: Your — your whole argument gives me intellectual whiplash. You have to say — (Laughter.)

We need more Blackmans arguing in the Supreme Court! And by my count, Tom Goldstein did not get a single Laugh line. That may be a first.