Originally Posted by alnorth
I'm not talking about the district or appellate levels where an issue might be novel and an argument unexplored. At the supreme court level, hundreds of hours has been invested into the issue by dozens of people and several judges. Everything there is to be said, has been said. At that point in the supreme court, they already basically know what they will do. This oral argument dance is a fun exercise for them, and a sideshow for us.
eh. Agree to disagree. You paint the oral argument as useless. I think that is incorrect. I do think, however, that sometimes the judges may be asking questions to persuade other judges who may be on the fence to change sides. But that too makes it something other than a pointless exercise.