AJ 025 Lecture Notes - Lecture 15: Lectern, Antonin Scalia
17 May 2020
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You can fairly accurately predict which side is going to prevail based on which side is asking questions in oral argument. Appreciate the importance of oral argument, and know your objectives. Be flexible: know the case inside and out. Scalia set the precedent for oral argument (many more questions now - 55), have to be nimble enough to answer the point and get back to your key points. Be absolutely clear on the theory of your case: have to be prepared for hypotheticals. How principle would apply in the other case. Breyer asks more hypothetical questions than anyone else. Kuchinelli was arguing, breyer presented a hypothetical (very complicated) Learn how to handle a difficult judge: assuage the justices the best you can and then move on. Beware invited concessions: should not cooperate in our own destruction. Thursday: merit brief for janus, will go through argument he makes.
