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Oral Argument in the Court

NCJ Number
121086
Journal
Trial Volume: 25 Issue: 12 Dated: (December 1989) Pages: 78-82,84
Author(s)
R W Galloway
Date Published
1989
Length
6 pages
Annotation
Attorneys arguing before the U.S. Supreme Court face intense questioning by the Justices during oral argument and should prepare themselves well for a series of difficult queries.
Abstract
The conservative Justices Rehnquist, Scalia, and O'Connor often ask tough questions and follow up those questions with even tougher queries. They pose hypotheticals and ask that assertions be supported by precedent. The more liberal Justices Blackmun, Brennan, and Marshall rarely pose questions during oral argument. Attorneys preparing to argue cases before the Supreme Court must prepare themselves thoroughly in the facts and precedents of their cases and must be prepared to be interrupted vigorously with complex and challenging questions. Questions raised by specific Justices are cited, as are question patterns used by certain Justices. 9 footnotes.