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Re: Will Lar post# 287601

Thursday, 07/23/2020 3:01:47 AM

Thursday, July 23, 2020 3:01:47 AM

Post# of 426478
Will-Let me elaborate on Marj's wonderful explanation. The three judges DO NOT discuss the subject matter until after the oral hearing. Hence, they prepare a comprehensive memo about all the claims before the oral hearing, and prepare questions to ask the lawyers.

However, the judges ONLY deliberate after the o.h.--so not to be biased before the hearing and they IMMEDIATELY deliberate the case after the o.h. so not to forget the issues-since they have multiple cases a day (once a week).

"I recently heard a taped o.h., in which you can faintly hear at the end, the judges deliberate immediately after the telephonic o.h--they forgot their mics were still on and I know which way they are leaning!" let's hope we are so likely as well!

But their deliberation is short, since they have multiple cases to hear etc.

Why is this important? Since there is limited time to debate the case (only after o.h.), studies have shown (chief Justice Roberts article) the questions the judges ask are actually asked to convince the "other judges" that the party they support is correct. Hence, you CAN TELL from the questions which way the judge is leaning.

Difficult questions are aimed to convince the other judges that the party is wrong and/or to give the party itself one chance to convince the judge otherwise.

Easy questions are aimed to convince the other judges that the party is correct.

Thus, the more questions asked to one party, likely they will lose that claim--unless answer is a home run. Follow up questions means the initial answer was not sufficient and very likely the party will lose claim.

The ruling takes so long to come b/c they hear about 5 cases, once a week, and it takes much time for the judge to write the decision, especially a complex case like ours. I would be shocked if we here anything before mid-Dec.
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