- Barrett appeared Friday alongside Justice Sonia Sotomayor for a panel discussion about respectful disagreement moderated by former Judge Thomas Griffith of the U.S. Court of Appeals for the District of Columbia Circuit. The talk occurred before an audience of state governors and lawmakers in Washington for the winter meeting of the National Governors Association.
- For more than an hour, the justices discussed the importance of civility for the reputation and function of the court.
Law360's article is Yes, Justices Mainly Use Arguments To Talk To Each Other
- U.S. Supreme Court Justice Sonia Sotomayor confirmed Friday a common complaint from attorneys who've argued in front of her and her eight colleagues: The justices are most definitely using their questions at oral arguments to talk to each other, not the lawyers.
- Oral argument sessions are the first time members of the court come together to discuss the merits of a particular case, so justices often tailor their questions to show their colleagues which aspects they believe are the most important, Justice Sotomayor said
- Each justice prepares for oral arguments independently, Justice Sotomayor said. Some, like Chief Justice John Roberts, hold discussions with their law clerks to work through questions presented in each case. She, on the other hand, challenges her clerks to prove her wrong.
- Justice Barrett, who said her oral argument preparation process is similar to Justice Sotomayor's, added that she has changed her mind in cases based on oral arguments. Justice Sotomayor, for example, often asks lawyers how they want the Supreme Court to write the case opinion, and sometimes the lawyers' answer to that changes the outcome of a case, Justice Barrett said.
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