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Message: Oral arguments and the final decision

Oral arguments and the final decision

posted on May 08, 2007 09:16AM

As I think I have posted before (and Ron and others may have discussed), the strength or weakness of any oral argument rarely determines the fundamental underlying decision.

The law and the written briefs are key in these sorts of matters. Oral arguments merely flesh out a few issues and help a judge prepare his decision. A weak (or strong) oral argument is unlikely to sway the judge because he almost certainly already knows how he will rule because of the written submissions and the law.

Should be an interesting month.

Tps

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