Attorneys speaking at Supreme Court oral arguments have recently spoken for a longer duration of time. This can be either beneficial or risky for the attorney depending on their level of experience and how well they are prepared.
According to Adam Feldman, who runs Empirical SCOTUS, the justices have added an extra 10 minutes on average to each case. Last term and this term, the arguments have averaged 92.5 minutes compared to nearly 84 minutes in 2021. Feldman collected this data with the assistance of Jake Truscott.
Feldman mentioned the potential pitfalls of oral arguments when the justices pose hypothetical situations that attorneys are unable to navigate. He stated, “If attorneys aren’t prepared for that it gives the justices more of an opportunity to counter argue.”
Here are some memorable moments from arguments during this term:
Hypothetical Dig
During a free speech fight over a “Trump too small” trademark, Justice Amy Coney Barrett asked an unexpected hypothetical question about how the case could impact copyright law. She questioned what analysis the court would apply in reviewing whether a copyright restriction was permissible. Deputy Solicitor General Malcolm Stewart explained that copyright, unlike trademark law, has been used to foster free expression.
Gotcha Moment
During arguments in a challenge to a federal law that bans people with domestic violence restraining orders from owning guns, Chief Justice John Roberts seemed to force the public defender to admit his client is dangerous. The public defender stated that he’d want to know what it means to be a dangerous person.
‘Purely Accidental’
Justice Samuel Alito made his colleagues pause during arguments in a case about immigrants seeking another chance to prove their deportations would cause unusual hardship. The court’s third-most senior justice asked what constitutes unusual or exceptional before being interrupted by laughter.
Drama, Drama
There was an awkward moment during arguments over the $6 billion opioid settlement when Justice Sonia Sotomayor seemed to get annoyed with the victims’ attorney and asked him to slow down. Sotomayor mentioned that the attorney’s brief seemed to suggest there would only be a few direct claims filed.
Audacious Argument
Justice Elena Kagan had a humorous comment for Michael McColloch, the attorney representing the former hedge fund manager challenging the Securities and Exchange Commission’s use of in-house judges to decide allegations of fraud. She stated that the court hasn’t had a case like this because nobody has had the nerve to bring it up. The case stems from nearly $1 million in penalties an SEC administrative law judge imposed against George Jarkesy for misleading investors in 2013.