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Friday, April 08, 2011

More on judicial dominance of oral argument

The discussion of the changing nature of SCOTUS arguments, specifically the way the justices interrupt one another (and the attorneys' answers to one another's questions) in a way that makes this less and less  of a conversation, is back in the news today, this time in Adam Liptak's column. He likens the arguments to a "catastrophically overbooked cable television show," and quotes one observer that there has been a shift from arguments involving justice signalling to one another to justices sparring with one another.

You do have to wonder--could it be any worse if there were cameras capturing all this?

Posted by Howard Wasserman on April 8, 2011 at 01:39 PM in Howard Wasserman, Law and Politics | Permalink


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The audio is telling enough. Anyway, it is striking how personal many court opinions are, not only those written by Scalia. The Kagan dissent was quite snarky ("now really") at times, so she's joining in.

Posted by: Joe | Apr 8, 2011 1:47:01 PM

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