Page 160, Clip 1: Ms. Berzon, representing the workers, melds statutory interpretation and public policy into her argument.
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Page 160, Clip 2: Mr. Jaspan representing the company, skillfully combines statutory interpretation and public policy.
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Page 160, Clip 3: Justice Scalia observes employers whipsawed by the law.
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Page 161, Clip 1: Scalia observes that the company position makes the legislation appear ridiculous.
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Page 162, Clip 1: Berzon assails the company position.
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Page 162, Clip 2: Berzon continues.
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Page 162, Clip 3: Berzon introduces the idea of "stigmatic harm".
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Page 163, Clip 1: Berzon maintains that the company's policy undercuts the goal of protecting fetal health.
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Page 165, Clip 1: Justice Kennedy is unconvinced because state law and public policy may be on the employer's side.
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Page 165, Clip 2: Jaspan maintains that employers owe a duty to their employees.
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Page 165, Clip 3: Justice O'Connor appears unpersuaded by the liability argument.
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Page 166, Clip 1: Jaspan holds fast to his position despite the O'Connor criticism.
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Page 166, Clip 2: Jaspan turns from a policy argument to a legal argument.
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Page 166, Clip 3: Medical consultants say unanimously.
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Page 166, Clip 4: The obligation to protect against hazards.
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Page 166, Clip 5: Jaspan addresses Berzon's argument head-on.
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