Helling v. McKinney Page 20

Helling v. McKinney general information

Media for Helling v. McKinney

Audio Transcription for Oral Argument - January 13, 1993 in Helling v. McKinney

Frankie Sue Del Papa:

We would contend--

John Paul Stevens:

Well, why didn't you tell the Ninth Circuit about this?

Frankie Sue Del Papa:

--I don't believe there was an opportunity.

And, again, we would contend--

John Paul Stevens:

But the policy change was in 1989, wasn't it?

Frankie Sue Del Papa:

--But it was... I think, due to the timing and the way the... the policy actually, Your Honor, came out before the magistrate actually... the policy came out before trial.

John Paul Stevens:

But it was inconsistent with the stipulation.

Frankie Sue Del Papa:

We're contending that the... that the policy has not materially changed, particularly with... with reference to the accommodations.

John Paul Stevens:

But, you must agree, I think, that the written policy is inconsistent with certain parts of the stipulation.

Frankie Sue Del Papa:

I don't agree with that.

You don't agree.

William H. Rehnquist:

Thank you, General Del Papa.

The case is submitted.