Monday, October 17, 2022

Longer arguments - good; unanimity - not good?

 Bloomberg law has Supreme Court Arguments Get Longer to the Delight of Advocates noting:

  • US Supreme Court arguments are getting longer post-pandemic—and advocates like it.
  • Court closures prompted the justices to modify their questioning format, and some of those changes have remained as the justices have retaken the bench.
  • Last term, that resulted in more than 19 extra hours, equivalent to 18 extra minutes per argument and 28% more argument time overall
  • The justices averaged just under 28 extra minutes per argument over October’s eight arguments, with four cases nearing two hours.
  • Of the 163 lawyers who took the lectern last term, 86%—or 140—argued extra time due to the justices’ questions
Today's DJ's Moskovitz on Appeals has On Unanimous Opinions -- arguing that justices should dissent rather than sign decisions they don't agree with: If a justice "remains unconvinced on a significant issue, a judge should say so – and tell the public about it in a dissent or concurrence."

Also, the October 2022 issue of Litigation Update is now online, keeping you up to date on current case law.