Initially, all attorneys wore formal "morning clothes" when appearing before the Court. Senator George Wharton Pepper of Pennsylvania often told friends of the incident he provoked when, as a young lawyer in the s, he arrived to argue a case in "street clothes.
Quill pens have remained part of the Courtroom scene. White quills are placed on counsel tables each day that the Court sits, as was done at the earliest sessions of the Court. Fuller in the late 19th century. Good Subscriber Account active since Shortcuts. Account icon An icon in the shape of a person's head and shoulders.
It often indicates a user profile. Log out. US Markets Loading H M S In the news. Brett LoGiurato. Sign up for notifications from Insider! Stay up to date with what you want to know. Justices also step aside on occasion because of a financial, family or personal conflict. Cases that are decided unanimously or by lopsided votes aren't affected. But if the justices are deadlocked, at least initially, it can lead them to find a narrow solution that doesn't advance the law very far in any direction.
If they do emerge , they can reschedule the case for the following term, hoping for a ninth justice. That happened in July , when Associate Justice Neil Gorsuch cast the deciding vote that put the eastern half of Oklahoma under Native American criminal jurisdiction. A case raising the same issue could not be decided the previous term because of Gorsuch's recusal. And sometimes, the court simply ties up, rendering its ruling almost meaningless.
However, in courtroom or classroom simulations, to put student attorneys at ease, student Justices do not ask questions for the first two minutes of each side's argument.
Before leaving the podium after making the initial presentation, counsel for the petitioner may reserve some time for rebuttal after the respondent's counsel has presented. The petitioner — not the Court — is responsible for keeping track of the time remaining for rebuttal. In typical program simulations, more than one student attorney argues each side.
In that instance, they should inform the student Marshal before the court session begins how they wish to divide their time. Usually, the first student attorney to speak also handles the rebuttal. When oral arguments are concluded, the Justices have to decide the case. They do so at what is known as the Justices' Conference.
When Court is in session, there are two conferences scheduled per week — one on Wednesday afternoon and one on Friday afternoon. At their Wednesday conference, the Justices talk about the cases heard on Monday.
At their Friday conference, they discuss cases heard on Tuesday and Wednesday. When Court is not in session, no Wednesday conference is held. Before going into the Conference, the Justices frequently discuss the relevant cases with their law clerks, seeking to get different perspectives on the case.
At the end of these sessions, sometimes the Justices have a fairly good idea of how they will vote in the case; other times, they are still uncommitted. According to Supreme Court protocol, only the Justices are allowed in the Conference room at this time—no police, law clerks, secretaries, etc.
The Chief Justice calls the session to order and, as a sign of the collegial nature of the institution, all the Justices shake hands. The first order of business, typically, is to discuss the week's petitions for certiorari , i.
After the petitions for certiorari are dealt with, the Justices begin to discuss the cases that were heard since their last Conference. According to Supreme Court protocol, all Justices have an opportunity to state their views on the case and raise any questions or concerns they may have.
Each Justice speaks without interruptions from the others. The Chief Justice makes the first statement, then each Justice speaks in descending order of seniority, ending with the most junior justice—the one who has served on the court for the fewest years. When each Justice is finished speaking, the Chief Justice casts the first vote, and then each Justice in descending order of seniority does likewise until the most junior justice casts the last vote.
After the votes have been tallied, the Chief Justice, or the most senior Justice in the majority if the Chief Justice is in the dissent, assigns a Justice in the majority to write the opinion of the Court. The most senior justice in the dissent can assign a dissenting Justice to write the dissenting opinion. If a Justice agrees with the outcome of the case, but not the majority's rationale for it, that Justice may write a concurring opinion.
Any Justice may write a separate dissenting opinion.
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