Reply To: Supreme Court unconvinced by North Carolina’s Facebook argument


That’s well put, Fred. What’s really going on during oral arguments is that the justices are communicating with each other by using their questions to the attorneys to point out how they are understanding the contours of the case. All the really important statistical data and substantive arguments have already been made through the briefs…which most of the justices will have had their clerks read and summarize. They’re not ignorant about the facts or the statistical data. If anything, they don’t believe that data is necessary for a final disposition of this particular case. But, again, oral argument is not about the attorneys–it’s how the justices talk to each other about how the case is going to be resolved.