Surely Better Than a Daytime Soap

The televised event that we put in a plug for earlier today is now underway, on C-Span. And it’s actually not just a conversation with Ted Frank (at right), much as we’d enjoy that. It’s a full-blown panel discussion, sponsored by AEI, on Watters v. Wachovia Bank, to be argued before the Supreme Court tomorrow.
The topic — preemption of state banking regulation by federal banking law — is technical, complicated, and perhaps dry-seeming to some. But we’re tuned in, and finding it interesting. (Caveat: We may not be the typical viewer. We’re geekily fasincated by preemption, just as we are by ERISA, a statute that frequently raises preemption questions.)
We’re also enjoying the occasional camera shots of the audience. E.g., the woman in Kermit-the-Frog green, who was vigorously scratching her nose (and whose facial expression suggested she was oddly intrigued by the nasal itchiness).
When television cameras are in the room, you really must be on your best behavior.
More observations, after the jump.


Brian P. Brooks, O’Melveny & Myers LLP: Predicts that the federal government will prevail in the Watters case, in a unanimous decision.
Audience shot: Pale, expressionless woman, conspicuously enjoying her gum.
Thomas W. Merrill, Columbia University Law School: Seems to be recycling some of his remarks from the preemption panel we saw him on during the recent Federalist Society Conference.
Audience shot: Guy with crazy, grey, gravity-defying beard. Looks like C. Everett Koop.
Amy Quester: Delivers her presentation like a newscaster. Likable, in a Katie Couric sort of way. Wants the Supreme Court to rule in favor of the states; disagrees with Brian Brooks.
Audience shot: Woman in powder blue suit with a tortured and hostile expression on her face — think “snarling drag queen.” Who knew that preemption could get someone so mad?
Amy Quester: Hmm, she’s stumbling over “presumption against preemption.” Yes, that is a mouthful.
Audience shot: Woman in light green sweater, looking sycophantically super-attentive. Clearly mugging for the camera.
Ted Frank: Introduces next panelist, Todd Zywicki (of Volokh Conspiracy fame). Gets a laugh for noting that Zywicki’s last name “is worth 78 Scrabble points.”
Todd Zywicki, George Mason University Law School: Seeks to offer a federalism-based defense of preemption in this case. Federalism is about individual liberty, not just about state autonomy vis-a-vis the federal government.
Audience shot: Man in black suit, scratches his right nostril with his knuckle — then scrutinizes the knuckle, as if expecting to find something on it. Weird.
Todd Zywicki: Good delivery, excellent voice modulation for emphasis. This must serve him well in the classroom.
We’ve met Professor Zywicki, and we like him, so we offer some constructive style criticism: Ditch the foward comb over. You’re nerdily cute; but that combover is distracting to the eye.
Audience shot: Boyish-looking guy with blue blazer, blue shirt, red bowtie — Tucker Carlson wanna-be? Nametag is badly askew.
Audience shot: Man in grey suit, chewing lustily on ballpoint pen. We all do it; but it’s not a telegenic (nor hygienic) habit.
Audience: Whoa, crazy eyebrow lady! Left eyebrow arcs like a ski jump.
(We’re probably going to regret that observation, after one of you emails us to tell her that she’s actually afflicted with a rare neurological disorder.)
Panning shot: The room is packed — and surprisingly messy. One would expect banking regulation groupies to be a bit more tidy!
Update: An account of the Q-and-A session is available here.
Watters v. Wachovia Bank [American Enterprise Institute]

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