Appellate Practice,
U.S. Supreme Court
Jan. 15, 2014
Post-argument briefs: a small burden with great benefits
There is an old adage that there are three oral arguments for an attorney: the one that was planned, the one that was given, and the one that the lawyer wishes had been delivered. By Erwin Chemerinsky
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law
UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
The U.S. Supreme Court should institute a new procedure in all cases: allow lawyers to file a short brief after the oral argument in which they have the opportunity to address questions raised at the oral argument more fully and with more reflection than possible while at the lectern. In fact, all courts of appeals should do this. The briefs could be limited to five pages so they would not put a burden on the judges.
Arguing a case ...
For only $95 a month (the price of 2 article purchases)
Receive unlimited article access and full access to our archives,
Daily Appellate Report, award winning columns, and our
Verdicts and Settlements.
Or
$795 for an entire year!
Or access this article for $45
(Purchase provides 7-day access to this article. Printing, posting or downloading is not allowed.)
Already a subscriber?
Sign In