Advisory Opinions Lisa, Sarah, and Sarah (and David)
Oct 5, 2023
Partners Lisa Blatt and Sarah Harris share their experiences arguing before Justice Scalia, the pros and cons of careerism, dangers of wearing cowboy boots in court, and different forms of originalism. They discuss being women in law, changing societal expectations, and the legality of CBD. They also mention an intriguing case involving Starbucks and pumpkin spice lattes.
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Court Often 6-3 But Swings Matter
- The current Supreme Court often splits 6-3 but some cases hinge on Chief Roberts or Justice Kavanaugh's swing.
- Outcomes depend on individual methods and eagerness to overturn precedent, not uniform conservative voting.
Narrow Rulings Can Still Shift Power
- Some blockbuster cases can be resolved narrowly; administrative-law and agency-structure cases may produce larger systemic changes.
- The Court may chip away at Chevron rather than fully overrule it, producing intermediate doctrinal shifts.
Be Yourself And Answer Directly
- Answer questions directly and be yourself at oral argument; authenticity sells better than imitation.
- Don't emulate someone else's stage persona; develop a clear, responsive style that suits you.