[Still Thinking]

When Justice Clarence Thomas inquired as to whether there was any example where it was used in a way similar to Tyler's, where the government kept the profit, Katyal replied that he had not looked for a formal case in which that had happened.

Of his inability to find a similar case, Thomas later said, "That's perhaps because [the statute] was never applied in the way that you suggest."

Or he DID look, there aren't any, but rather than admit that he claims he 'didn't look'. How bad would the answer have to be to hide it with 'the dog ate my legal research' in front of SCOTUS??

[nickcarraway]

Either he didn’t look, in which case, he’s a lazy idiot. Who doesn’t come overprepared to the Supreme Court. Who would search for a precedence from the Middle Ages, unless you had exhausted more relevant examples?