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Thursday, December 08, 2022

Changing arguments

 Mike Dorf and Will Baude discuss changing dynamics at SCOTUS arguments--including an increase in justices cutting off attorneys, demanding yes-or-no answers to nuanced questions, and not letting them give reasonable answers and making long arguments in the form of questions. Baude argues they increasingly sound like congressional hearings and attributes a number of possible causes, including the new round-robin format, increased polarization, and live-streaming. For what it is worth, at least they sound like they know what they are talking about in their questions, unlike most legislators.

While listening to the 303 argument and before seeing Will's post, I had the idea that the individual-justice questions portion sounded different, with lawyers not bothering to answer many "questions." At one point,the Colorado SG expressed "hope" that he might be able to answer someone's question, because that did not seem to be the point of the exchange.

I hope the blame does not lie with livestreaming. Many of us spent many years arguing for televising arguments, believing the Justices would not undermine their institution.

Posted by Howard Wasserman on December 8, 2022 at 02:33 PM in Howard Wasserman, Judicial Process | Permalink

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