Perspective
Sep. 16, 2010
Oral Argument: Are We Just Tilting at Windmills?
Even if some state appellate courts reach a decision before oral argument that doesn't mean this practice should be dismissed in its entirety, by Gary A. Watt of Archer Norris.
To the uninitiated, oral argument is the denouement of every appeal; the moment when the great appellate orators clash and the appellate court considers how to rule. But for those that have been around the appellate block more than once or twice, loss of innocence is discovering that the appellate court has a draft opinion already written before the oral argument.
Upon submission of a case (at the conclusion of oral ar...
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