The Yale Law Journal Pocket Part: Citing the Transcript of Oral Argument: Which Justices Do It and Why


The behavior of the Justices during oral argument has always fascinated Supreme Court watchers. Recent studies have confirmed what experienced observers have long known: Justice Breyer talks the most, Justice Thomas says the least, and Justice Scalia gets the most laughs. What has remained somewhat of a mystery, however, is how much the Justices continue to think about oral argument after they leave the courtroom and return to their chambers. Which Justices give oral argument the most consideration? Which statements by advocates make the most lasting impressions?

In the newest edition of The Pocket Part author Fred Liu explores the influence of oral argument on the Justices.

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