Thanks for the TR. I've never argued before the Supreme Court but most of my legal practice over the past 15 years has consisted of arguing before other state and federal appellate courts.

I'll just add that a lot of OP's observations about the argument apply to other appellate courts as well.

That sounds like fun: it looks like an interesting issue on which the law is relatively developed and the facts aren't overly complicated. How much experience on your feet do you have?

No moot court in law school, but I did do one year of moot court in college and three years of mock trial. I'm not really intimidated speaking in front of people and am actually looking forward to handling questions.

Get several people you trust to run you through a mock. Figure out what the ten most likely questions are and think through your answers to them. Don't memorize any specific language; rather, think through the idea and simply talk to that. If you can, get someone to video you for mannerism control: for example, don't lean on the lectern, don't shake your fingers at the judges, and don't put your hands in your pockets. Don't say "like" or "uh." Don't yap too fast. And first and foremost: LISTEN TO THE DAMN QUESTIONS AND ANSWER THOSE. I can't think of the number of times I've watched some idiot lawyer not listen carefully and start yapping about a general subject when the judge had a very specific question in mind.

HT,

Thanks, I'll definitely bore my girlfriend and others to death with some practice. The course this is for will be over, but the professor and the DA I'm working with both said they'd be available to help with practice questions.

I'm taking Trial Practice this semester, which is basically mock trial prep, and I've been trying to get better at not fiddling with a pen or shuffling paper while I'm up there talking.

Noah,

Did you have to do oral arguments as a part of your 1L?

yeah but it was just three of us in the room, witht he judge being a TA. so it wasn't a big deal.

Here is another good book on the the current Court: http://www.amazon.com/Supreme-Confli.../dp/1594201013

People should also search for a recent NYT Sunday Magazine interview w/Justice Stevens. I may have posted it over in Politics a few months back.

In fairness to Thurgood Marshall, he never wanted to be a justice but felt obliged to be the first black one when LBJ pressured him. Burger might've been OK as an associate justice, but he was comically ill-suited to be chief.

I believe this current lineup is generally considered to be the strongest from top to bottom, in terms of ability & qualifications. Certainly the last four members confirmed (Roberts, Alito, Breyer, Ginsburg) had astounding resumes at the time of nomination.

Doubt we'll ever see another Miers type nominated; George Will made the point that the Miers disaster and the strength of the last four confirmed have set the bar too high.

We'll also likely never see any more in the molds of Rehnquist, White, Brennan, O'Connor, Powell or even Souter or Thomas. Gonna be nothing but experienced COA judges, superstar members of the SCOTUS Bar or a mega ConLaw professor.

Whether that's an overall good thing or not I dunno, but I damn sure know I'd rather have Roberts, Alito, Breyer & Ginsburg up there than Harriet, Gonzo, Babbitt & Cuomo.

IMHPO, Stevens is the only 'real liberal', Thomas the only 'real conservative', and all the rest are 'big-government/corporate' types to varying degrees, but what do I know. I think I drove past a law school one time on the way to the pub.

I'm glad you wrote that; made better my opinions on an old professor.

In college, for a politics course, we had to argue a real-life case (the Pledge of Allegiance case at the time) in front of the Supreme Court (I was...one of them. Professor was the Chief).

Girl playing one of the Counsel comes in, organizes her notes, clears her throat...Professor leans forward and says "Why do you think the father, who has no custody of the child, should be able to bring this case before the court?"

I also doubt she got through 3 sentences in a row without interruption.