by Mark Walsh at SCOTUSblog
Today is the last day of argument for the 2023-24 term, and – as everyone in the courtroom knows – we are here to see what is probably the biggest case of the term: Trump v. United States.
Yesterday, after an intense argument over abortion and emergency care in Moyle v. United States, Chief Justice John Roberts popped over to Georgetown University Law Center’s annual end-of-arguments reception, which revolves around the law school’s Supreme Court Institute and all those who participate in its moot courts preparing advocates who will argue their cases before the justices.
Roberts gave a tribute to the Supreme Court Institute itself, which is celebrating its 25th anniversary, and which he had participated in years ago as both an advocate preparing for argument and as a moot jurist helping others prepare.
“For a quarter of a century, the institute has brought together the very best of the appellate bar to prepare lawyers for appearances before our court,” said Roberts, who was joined at the event by Justices Elena Kagan and Brett Kavanaugh.
The chief justice also discussed how oral argument has changed recently, especially after the post-pandemic return to the bench and the addition of a “seriatim” round of questioning in seniority order, after the traditional “free for all” round. Roberts recalled with fondness one of his arguments as an advocate, in 1999’s Rice v. Cayetano.
“To give you an idea of how precisely the [then-Chief Justice William Rehnquist] ran things,” Roberts said, the audio recording for that argument “lasts exactly one hour, one minute and 11 seconds, time that included calling the case, three advocates making their way to the lectern, and adjourning the court for the day.”
Roberts was implicitly recognizing that the recent changes have led to some pretty lengthy argument sessions. The justices have made some progress this term keeping things in check. One case last week clocked in at 44 minutes (including calling the case, etc.). But the biggest cases can run for two hours or more.
Today, it will be “or more.”
The courtroom is filling up,…
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