Inquiring Minds Want to Know: Do Justices Tip Their Hands with Questions at Oral Argument in the U.S. Supreme Court?

Abstract

Part I of this Essay focuses on what Justices and scholars have written and said about oral arguments generally and the role these proceedings play in the Court’s decision-making process. Part II examines the few existing studies that address the question posed here. Part III lays out the data used to test this hypothesis; Part IV presents the methodology; and Part V discusses the results.

Keywords

Judicial process, Forensic oratory, U.S. Supreme Court, Empirical analysis, Judicial decision-making

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Authors

Timothy R. Johnson (University of Minnesota Law School)
Ryan C. Black (Washington University in St. Louis)
Jerry Goldman (Northwestern University)
Sarah A. Treul (University of Minnesota)

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