Tuesday, November 2, 2021

Evolving SCOTUS argument formats

Today's NYT has a very interesting SCOTUS article: Supreme Court Tries to Tame Unruly Oral Arguments

  • When the justices returned to their courtroom last month, after an absence of about 18 months, the court announced a new format, one that showed, if nothing else, that the justices were giving a lot of thought to how to conduct arguments that are both probing and polite.
  • They settled on a hybrid model, supplementing the familiar free-for-all questioning with a round of optional one-at-a-time questions, proceeding in order of seniority, once per lawyer.

Today's DJ's Exceptionally Appealing monthly column is Memo-dispo No-nos

Law.com has Beth Robinson, Flipping 2nd Circuit, Becomes 1st LGBTQ+ Woman Appeals Judge

  • Beth Robinson's confirmation to the Second Circuit makes her the first openly LGBTQ+ woman to sit on a federal appeals court.
  • Robinson's addition shifts the composition of the court to a majority of active Democratic appointees.
  • Biden has appointed two other judges to the Second Circuit.
Following up on a post from yesterday, see After Full Circuit's Recusal and Lawyers' Request, Panel of Judges Hearing Case Is Revealed. With all 4th Circuit judges recused, the case will be heard by a panel of senior judges from the 10th, 6th, and 8th Circuits.