Supreme Court arguments often concern not just the narrow issue in the case but also the implications of a ruling. You sometimes catch the justices squinting, trying to see over the legal horizon.
Nine years ago, for instance, the court heard arguments in a case about whether Congress was free to add 20 years of copyright protection for works that had not yet entered the public domain.
Several justices asked about a different and even tougher question: Was Congress also free to restore copyright protection to works that had entered the public domain and become public property?
“If Congress tomorrow wants to give a copyright to a publisher solely for the purpose of publishing and disseminating Ben Jonson, Shakespeare, it can do it?” Justice Stephen G. Breyer asked a lawyer for the government.
http://www.nytimes.com/2011/03/22/us/22bar.html?nl=todaysheadlines&emc=tha23