Dalmazzi v United States

JUSTICE KENNEDY: Do you think Marbury versus Madison is right?

(Laughter.)

JUSTICE KENNEDY: Particularly as to the interpretation with such exceptions as Congress may make.

MR. VLADECK: So, I will confess, Justice Kennedy, that I may perhaps belong in the school of scholars who thinks that Chief Justice Marshall read both the statute and the Constitution to reach the constitutional questions he wanted to reach.