Texas v. Louisiana

LOCATION: Allegheny County District Court

DECIDED BY: Burger Court (1972-1975)

CITATION: 410 US 702 (1973)
ARGUED: Dec 11, 1972
DECIDED: Mar 20, 1973

Oliver. P. Stockwell - for defendant
Samuel D. McDaniel - for plaintiff

Facts of the case


Media for Texas v. Louisiana

Audio Transcription for Oral Argument - December 11, 1972 in Texas v. Louisiana

Warren E. Burger:

Mr. McDaniel, you may proceed whenever you’re ready.

Samuel D. McDaniel:

Thank you Your Honor.

Mr. Chief Justice, may it please the Court.

Former governor and senator, Daniel asked me to express to you his regrets that he could not appear and argue this case.

He has been appointed to the Supreme Court of Texas and our Canons of judicial ethics prevent him from appearing in that, but he did handled the case before the Special Master.

The maps which are behind me, one you have an individual map which I have had furnished to the Court, the large map is furnished by Mr. Stockwell, the counsel of Louisiana.

I apologize to the Court that only three of the copies which should be in Justice Marshall, the Chief Justice and Justice Blackmun’s hand, so that all of you can see for reference purposes.

I have all the colored copies that the geological survey offers here in Washington had of the map, the others are reproductions made here.

I will refer to that map some in the later part of my argument.

It’s a duplication of Texas exhibit A47.

As I understand the procedure that is to be followed in this case, there will be no rebuttal, even if I wanted to save time for it.

So, I asked the Court to please ask any questions that you may have, concerning any arguments that Mr. Stockwell has raised in his brief in order that I may have the opportunity to respond to them and I also, unless the Court have some question about it, we will pass over the question of the jurisdiction of course and also the question of whether or not the United States is a necessary party.

William J. Brennan, Jr.:

Where did the idea come from?

You wouldn’t have rebuttal, if you want to say a few minutes.

Samuel D. McDaniel:

That was the arrangement that we were told by the clerk, Your Honor.

Warren E. Burger:

Meaning the arguments here today?

Samuel D. McDaniel:


Warren E. Burger:

Now, there is some misunderstanding, you arrange your argument as you wish and if you wish to save five minutes for rebuttal, that’s the conventional pattern.

Samuel D. McDaniel:


Thank you, Your Honor.

I am glad to have the --

Warren E. Burger:

I don’t mean to limit you to five minutes.

Samuel D. McDaniel:

No, I understand, thank you.

Warren E. Burger:

We expect really to make your argument in chief in your --

Samuel D. McDaniel:

Yes, I will do that.

Let me commend Judge Wentall, the Special Master, not only because I believe in by far --

William J. Brennan, Jr.:

(Inaudible) got of your 30 minutes.

Samuel D. McDaniel:

Yes, I understand.

Let me command Judge for his report which in the great part I speak and support of.

We have one exception that we took two years report.