Law2Paper2 - Carleton SzeTo Oral Argument Time Limitation...

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Carleton SzeTo Oral Argument Time Limitation The existing time limitation for oral arguments within the Supreme Court can create somewhat an argument. Some say given a time limit speeds up the process in which would construct more space for more cases to be heard. Vice versa some have gone stating that with this allotted time, the parties are not able to position themselves with the right amount of timing to argue with such a time constraint. Some, like Michael C. Dorf, have gone as far as wanting to put a camera inside a courtroom. Relevant or not, these are all points that have to be taken into account of how to make the Supreme Court better. A time restriction should NOT be consulted and included, but should be altered by the judges due to the circumstances and magnitude of the case received. The current time restriction for oral arguments is thirty minutes. But there have been changes made way before our time: “Before 1849, oral arguments before the Court were unrestricted. Often, the arguments continued for days and drew a large crowd. However, by the mid-1800s the Court's increasing caseload made long arguments impossible. Thus, in 1849 the Court adopted a rule, published at volume 48 U.S. Reports (7 Howard), that limited oral argument to two hours per side. This rule remained in effect until 1925 when the time was reduced to one hour per side. See 266 U.S. 673. In 1970, the time limit was reduced to the current practice of one half-hour per side when the court revised the oral argument rule at 398 U.S. 1058-59. Perhaps the reduction in time for oral argument is best explained by Justice Charles Evans Hughes, who wrote in 1928 that the ‘progress of civilization is but little reflected in the processes of argumentation and a vast amount of time is unavoidably wasted in the Supreme Court in listening to futile discussion; this has the effect of reducing the time for cases 1
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which should be fully presented.’” (Cornell) Today, the Supreme Court has put together a number of rules (Rule 28 specifically) that have radically shortened the amount of time prearranged to parties in a case to make oral arguments in front of the Court. These ongoing time restrictions on oral arguments were attained by the Justices in cases where oral arguments were heard. At the same time as it can become reckless that long-lasting oral arguments would allow all views to be heard. But it could let the Justices to understand every side of the subject extremely better. Today, Rule 28 has made it thirty minutes long. It could be quite difficult to
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Law2Paper2 - Carleton SzeTo Oral Argument Time Limitation...

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