Oral Arguments Before the Supreme Court: An Empirical by Lawrence Wrightsman

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By Lawrence Wrightsman

Of all of the steps within the excellent Court's decision-making technique, just one is obvious to the general public: the oral arguments. through conscientiously examining transcripts of the entire oral arguments to be had to the general public, Professor Wrightsman offers empirical solutions to a couple of questions about the operation of oral arguments. This publication offers a version for figuring out the dynamics of judicial selection making from an empirical point of view.

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As Pinkney argued, there was “no qualification of the necessity. It need not be absolute. It may be taken in its ordinary grammatical sense. ” (2005b, p. 10) These advocates were also a central part of the political life of the country. Daniel Webster was a member of Congress from New Hampshire and later from Massachusetts, a senator from Massachusetts for 20 years, and secretary of state twice. S. attorney general and ambassador to Great Britain and later to Russia. In the year that he argued McCulloch v.

1994, p. 47) The Shrinking Oral Argument: From 5 Days to 1 Hour Toward the end of Chief Justice Marshall’s long tenure on the bench, the Court became less enchanted with the prolonged nature of each oral argument. As his replacement, Chief Justice Taney (Francis Scott Key’s brother-in-law) complained that an advocate “introduced so much extraneous matter, or dwelt so long on unimportant points, that the attention was apt to be fatigued and withdrawn, and the logic and force of his argument lost” (Frederick, 2005b, p.

In fairness to Justice Scalia, it is unclear whether in his remarks in Switzerland he was thinking specifically of the Hamdan case. He referred to detainees captured “on the battlefield” and his son fought in Iraq. Hamdan was captured in Afghanistan. The solicitor general’s brief stated that “in November 2001, petitioner was captured in Afghanistan during the course of active hostilities in that country and transferred to the control of the United Stated armed forces. S. Naval Station at Guantanamo Bay, Cuba, for detention” (Lederman, 2006).

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