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Supreme Court

2015

Courts

Louis J. Sirico Jr.

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Full-Text Articles in Law

A Proposal For Improving Argument Before The United States Supreme Court, Louis Sirico Dec 2014

A Proposal For Improving Argument Before The United States Supreme Court, Louis Sirico

Louis J. Sirico Jr.

With rare exceptions, the U.S. Supreme Court allots thirty minutes to each side for oral argument. A review of transcripts and recordings of oral arguments confirms that the Court poses questions and makes comments with remarkable frequency. When students and lay people listen to the recordings, they may remark on the constant interruptions and view the Justices as rude interrogators. With the many questions that the Justices have and the limited time available, the advocates have little opportunity to present their arguments fully. The Justices may interrupt counsel with questions concerning the law or the relevant facts of a case. …


Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr. Dec 2014

Opening An Oral Argument Before The Supreme Court: The Decline Of Narrative's Role, Louis J. Sirico Jr.

Louis J. Sirico Jr.

In contrast to an earlier era, today’s oral advocate can expect Supreme Court justices to start asking questions earlier and often. Consequently, the advocate should expect to launch the argument with only a few sentences before the questions begin. These critical sentences offer the brief opportunity to introduce the theme of the subsequent argument. Advocates in other “hot bench” courts face the same challenge.
Our study of opening statements in Supreme Court oral arguments finds that the statements have one of three themes: a conventional legal argument, a policy argument, or a narrative argument. The conventional legal argument is the …