Tuesday, January 14, 2014

Post-Argument Briefing: Small Burden, Great Benefit

"There is an old adage that there are three oral arguments for an attorney: the one that was planned, the one that was given, and the one that the lawyer wishes had been delivered." So recounts Dean Chemerinsky, who in today's DJ (Post-argument briefs: a small burden with great benefits) urges SCOTUS to "institute a new procedure in all cases: allow lawyers to file a short brief after the oral argument in which they have the opportunity to address questions raised at the oral argument more fully and with more reflection than possible while at the lectern. In fact, all courts of appeals should do this." He goes on to propose that such briefs be in letter form and limited to five pages so as not to burden the court.

And see also by Dean Chemersinky, Arguing in the Supreme Court, a daunting task, which he describes as "exhilarating and frustrating" in yesterday's OC Register.