Monday, January 20, 2014

If you must read, make it the court rules

At SCOTUSblog, Lyle Denniston's recap of last Tuesday's oral argument in Marvin Brandt Revocable Trust v. United States included,
"([Petitioner's attorney Steven J.] Lechner’s quite apparent nervousness might well have been explained because, after he had spoken only a few sentences, Justice Antonin Scalia brusquely asked: 'You’re not reading this?' Lechner didn’t answer, simply standing silent for a lengthy embarrassed moment. Lawyers at that lectern are, it seems, supposed to extemporize.)"
Debra Cassens Weiss quoted Denniston in a post at ABA Journal, and linked to the argument transcript (page 4)

Comment 28 to her post, from Tallahassee Tall Man, cites U.S. Supreme Court Rule 28 1. (page 35), which does include that "Oral argument read from a prepared text is not favored."