The justices learn for the first time what their colleagues are thinking about a case
during oral arguments in that case.
During oral arguments last week, several of the justices seemed to be skeptical of the state's position that the current system is adequate based on student performance.
While most lawyers still refer to
notes during an oral argument, the best arguments I have seen usually come straight from the attorney, with little to no reference to their outline.
But I have never seen a lawyer arguing these motions ever provide a picture, a map, or a drawing of the job
site during oral argument.
Legal The U.S. Supreme Court appeared divided Tuesday
during oral arguments on a California law that would forbid the sale or rental of violent video games to minors.
Breaking nearly seven years of silence on the bench, Justice Clarence Thomas
spoke during oral argument in Boyer v. Louisiana yesterday.
The disciplinary counsel points out that Mancino filed a brief on Miller's behalf in the appeal, and he identified himself as Miller's
attorney during oral argument before the Eleventh District.
Yet another issue will be on display
during oral arguments at the Supreme Court next week: whether indigent defendants in capital cases must prove they need more experienced lawyers and resources before they will be provided.
Last year, Justice Anthony Kennedy referred to one such
brief during oral argument in the Supreme Court's gay marriage cases and in the majority opinion in United States v. Windsor, the landmark decision to strike down the Defense of Marriage Act section that barred federal recognition of state same - sex marriages.
Students from Paddock View Residential Center watch the live feed outside the Indiana Supreme
Court during oral arguments in a challenge of the state's voucher law.
Virginia Rutledge, counsel for The Andy Warhol Foundation for the Visual Arts (which filed a friend of the court brief in the case), told A.i.A., «The outcome can't be predicted based on questions
raised during oral argument, but the Court has before it very compelling arguments for Prince's transformative use of Cariou's imagery and the significance of the First Amendment speech interests at stake, and was openly dismissive of allegations of market harm.»
As U.S. Supreme Court Justice Ruth Bader Ginsburg
said during oral argument in this case, judges should be «above the fray,» and Justice Antonin Scalia's remarks were similar, to the effect that «there are things we just don't let judges do, like publish op - eds in newspapers to respond to criticism of the court's decisions.
But the Court's answers to them — certain to invoke all manner of reasonable burdens, legitimate functions, public accommodations, and protected classes — will be determined by a question likely to remain
implicit during oral arguments: Is religion more or less important than marriage?
Arthur begins his discussion of these moral issues by admitting that «rather than realizing the federalist ideal of neutrality, the Court in Roe seems to commit itself to the position that the pre-viable fetus is not a living person and has no rights» — a point made by Justice Antonin
Scalia during oral argument in the Webster case.
Shying away from the «quagmire» of intervention in states like New Jersey (noted from the
bench during oral arguments), and citing its earlier rejection of a challenge to the state's graduation exams, the court pointedly observed that «protracted litigation» delays the progress of education reform.
She has also delved deep into the likely questions a judge or justice will
ask during oral argument, often pinpointing the vulnerabilities that need to be addressed to win the case.
* A three - judge panel of the Tenth Circuit seemed a bit torn as to the constitutionality of Utah's same - sex marriage
ban during oral arguments yesterday.
In the Dukes matter, John LaBelle, the State's Attorney for Hartford County, successfully argued the case, and Richard had the opportunity to co-author the Supreme Court Brief and was second
chair during oral argument in Washington.
The judges often express their thoughts
candidly during oral argument and the blog gives practitioners a unique insight into the thoughts of the various judges.»
«Perhaps some on the court fear that releasing same - day audio would encourage advocates (or even justices) to
grandstand during oral arguments in the hopes of influencing evening newscasts,» Adler wrote.
It has tabbed pages for each of the issues in my case, and that is what I
use during oral arguments to present my case to the court.
Additionally, counsel for both Husband and Wife
conceded during oral argument that the family court never placed a value on Landscape Supply or the entire marital estate.
Chief Justice John Roberts has said of this trend, «It is too much...» Although, of course, no one has to worry about Justice Clarence Thomas, who has not asked a question
during oral argument for eight years.
Justice Stephen Breyer expressed that
concern during oral arguments in Laboratory Corp. of America v. Metabolite, a dispute that tests the scope of patentability.
Citing Harris» own
statement during oral argument that «you can not touch the company,» the court reasoned, «Applicants do no more than provide an abstract idea — a business model for an intangible marketing company.»
What is troubling is that the panel apparently
agreed during oral argument that the lower court's stated basis for the claim construction it adopted was grammatically incorrect and contrary to well established cannons of claim construction.
Thomas may be a
mute during oral arguments, but yesterday he opened his heart in the safe confines of the conservative Federalist Society's annual gathering.
Yet, as Justice Berger wryly observed, neither
counsel during oral argument could «shed much light» on what happens when a draft judgment is circulated to judges off the panel.
Mohammed's military defense lawyer, Marine Maj. Derek Poteet,
argued during oral arguments in December 2015 that too many «plainly inappropriate and reckless» comments have piled up — the bell can not be «un-rung.»
While the Supreme Court reached the result we hoped for, the court did not discuss these policy issues (it also showed little interest in the policy
debate during the oral argument in the case).