Oral argument (Supreme Court)
Oral argument in the Supreme Court is a critical phase of the judicial process where justices engage directly with lawyers to clarify and debate the merits of a case. This process typically occurs on Mondays, Tuesdays, and Wednesdays from October to April, with about 168 arguments scheduled during the Court's term. Each session starts with a formal introduction by the clerk, followed by the chief justice calling the case, and the advocates presenting their arguments. Lawyers must respond effectively to questions from the justices, integrating their responses into their overall argument without relying heavily on written materials. Historically, oral arguments have evolved from lengthy sessions lasting days to strictly timed presentations of thirty minutes per side, established in 1971 to manage the Court's increasing caseload. While these sessions are not broadcast, transcripts are made available, allowing wider access to the proceedings. The format emphasizes respect and decorum, reflecting the solemn nature of the Court's function in interpreting the law.
Subject Terms
Oral argument (Supreme Court)
Description: Spoken presentation to the Supreme Court given by the litigants’ lawyers.
Significance: Justices question the litigants’ lawyers during the oral argument, clarifying statements made in the briefs and testing the soundness of the arguments brought before them.
During oral argument, the justices question the lawyers about any arguments in the written briefs that may need further clarification before the argument receives the full confidence of the Court. In a few cases, oral arguments leave justices with a different impression of the case from that formed by reading the written briefs.
Oral arguments are scheduled on Mondays, Tuesdays, and Wednesdays during the Court’s term between October and April. The justices hear about 168 arguments during that time, about four each day. Arguments before the Court begin with the clerk of the Court’s traditional cry:
>Oyez, oyez, oyez! All persons having business before the Honorable, the Supreme Court of the United States, are admonished to draw near and give their attention, for the Court is now sitting. God save the United States and this Honorable Court.
The chief justice then calls the name and number of the case, and the first lawyer to speak traditionally opens with “Mr. Chief Justice, and may it please the Court.” Once argument begins, the advocate is interrupted frequently with questions from the bench.
An effective oralist answers questions from the bench while weaving the argument’s major points into the presentation. The respondent, who speaks after the petitioner, must address the concerns already addressed by the bench, incorporating that response into his or her major arguments. The justices do not allow advocates to read at any length. Advocates do not speak when the justices are asking questions and always remain respectful of the Court.
In the nineteenth century, oral arguments could last for two or three days. The flamboyant styles of such advocates as Daniel Webster and Henry Clay made Court hearings popular with the public. In 1849 arguments were limited to two hours for each side. In 1971, during Chief Justice Warren E. Burger’s tenure (1969-1986), oral arguments were reduced to thirty minutes for each side in response to the increasing caseload that faced the Court. The appellant is allowed to reserve some of that thirty minutes for rebuttal after hearing the appellee’s argument. Time limits are strictly enforced. A white light on counsel’s lectern indicates five minutes remain, and a red light signals time has ended.
Oral arguments are not broadcast; therefore, the only way to hear them is to attend the Court’s sessions. However, transcripts of the arguments are available.