The justices seemed skeptical.
In early 2016, Florida Sen. Marco Rubio attempted to jump-start his sputtering bid for the Republican presidential nomination by starring in one of the most agonizing political moments of the past decade. Speaking to supporters in Virginia, Rubio, whom Donald Trump had nicknamed “Little Marco,” graciously conceded that Trump, at 6-foot-2, is tall. But then came the punchline: “I don’t understand why his hands are the size of someone who’s five-two,” Rubio said.
Justice Clarence Thomas, for example, asked Elster’s counsel to delineate “what speech precisely is being burdened,” and sounded unconvinced that losing out on the economic benefits of registration is enough to justify judicial intervention. “If your argument is that somehow your speech is being impeded, I think it would be good to know precisely how it’s being impeded,” Thomas said.Justice Sonia Sotomayor piled on. “I’m sorry, Counsel,” she said.
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