Is Oral Argument Talking Time All It’s Cut Out to Be?

Supreme Court oral arguments are not all what they seem. While at first blush they may appear to be an opportunity for attorneys to make their arguments before the judges, they often become instances for the justices to test out their theories of a given case and to gauge other justices’ positions on given topics….

Competition to Speak During 2018 Supreme Court Oral Arguments

Oral arguments for the 2018 term are now complete. In a term where we have the potential to see heightened polarization on the Court like never before, oral arguments are impacted as well.  One indicator of this harkens back to the previous term where all 5-4 decisions made across ideological lines ended in conservative victories.  So…

Interruptions and References

  Supreme Court oral arguments are traditionally thought of as a time for the Justices to interact with and ask question of attorneys in a case.  One of the lesser thought of aspects of oral arguments has to do with the interaction among the Justices.  Over the years several studies and articles have looked at this…

A Shift in Oral Arguments: An Update

I recently wrote a post where I looked at Justice Scalia’s final ten oral arguments and compared them to the first ten oral arguments after his death.  There have been several oral arguments since then and with the data from those arguments I am able to expand the timeframe of that analysis.  In this post I examine…

Justice Sotomayor Shaking Up Post-Scalia Oral Arguments

f (image via Los Angeles Times) It has been over a month since Justice Scalia, one of the most engaged Justices in oral arguments since he was confirmed to the Court in 1986, passed away on February 13, 2016.  For all of the commentary surrounding his passing and on the questions surrounding the process of…