There's little chance using one space will elicit
a question at oral argument.
The ruling came as a surprise to many Court watchers given Justice Roberts» hostility to the Voting Rights Act during
questioning at oral argument.
Asylum petitioner's voluntary withdrawal of petition for review following en banc reargument in the Ninth Circuit «threatens the integrity of our processes by inviting manipulation by parties unhappy with
the questions at oral argument and fearful of the result they believe the court is going to reach»: So asserts Circuit Judge Alex Kozinski in an interesting dissent joined by three other judges on the fifteen - judge en banc panel.
Not exact matches
At the end of the
oral arguments, Fisher asked the plaintiffs to submit further written
arguments concerning whether they have standing in the case, and on the «political
question» — presumably, whether or not this is a matter to be decided by the courts or political system.
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.»
The answer to that
question isn't obvious
at all; indeed, it's the subject that the Supreme Court took up yesterday
at oral argument in KSR International v. Teleflex and covered by Tony Mauro in this article, Justices Slam Nation's Patent System (Law.com, 11/29/06).
Fox excerpts some of the
questions tossed out by the justices
at oral argument and cites press coverage of the decision.
The Justices had very few
questions for the attorneys representing the Fund and instead aimed most of their
questions at the plaintiff attorney during his
oral argument.
Our study of every
oral argument at the Illinois Supreme Court from 2008 through 2016 came to the same conclusion: the larger the margin between your total
questions from the Court and your opponent, the less your chance of winning.
Shullman analyzed
oral arguments in ten cases
at the United States Supreme Court, noting each
question asked by the Justices and assigning a score from one to five to each depending on how helpful or hostile she considered the
question to be.
Barry «is a very active judge
at oral argument, which is usually a sign a judge has already read the briefs and is very actively thinking about the case,» said David Fine, an appellate lawyer based in Harrisburg, Pa. «She is very polite in
questioning and
at the same time also direct.»
Following up on his appearance on the
Oral Argument podcast, Michael Dorf has a fascinating post up this morning
at «Dorf on Law» in which he tackles the intriguing
question of whether state courts may choose to «gratuitously» be bound by federal precedents that don't actually bind them under the Supremacy Clause.
The single best use of your time
at oral argument is answering the Court's
questions.