Podbit · The Moth
The night before his Supreme Court debut, Dave Moran met friends and family at a Mexican restaurant near the court, ordered enchiladas suizas, and had exactly two margaritas. He still follows this ritual for every argument, including the suit purchase.
Where this was said
At 28:05 · chapter starts 23:44
Dave Moran is not a man who owns a dark conservative suit. But the US Supreme Court's written rules demand exactly that, so he heads to a department store in khakis and a polo — and the clerk asks if it's for a job interview. That small exchange perfectly captures the gap between who Moran is and who the court requires him to be. His preparation is rigorous: he reads every case, but he's never even witnessed an oral argument, so a month before his April 2004 debut he flies to Washington to observe. What he sees destroys his confidence: Chief Justice Rehnquist dressing down a lawyer for interrupting Justice Scalia mid-question. If cameras had been allowed, Moran says, they would have caught all the blood draining from his face. [1] — Dave Moran "Dave Moran flew to Washington a month before his argument to observe another case — and came home shaken. Chief Justice Rehnquist publicly …" 25:55 He goes anyway, fortified by enchiladas suizas and exactly two margaritas at a nearby Mexican restaurant. At the podium, with hands shaking, he says 'Mr. Chief Justice, may it please the court' — and the tension vanishes. Questions from the bench feel like conversation, and he counts silently to 1,003 before answering Scalia. [2] — Dave Moran "Justice Scalia asked a lot of questions. And I counted to myself, 1,001, 1,002, 1,003. And I waited until I was sure he was done, and I beg…" 28:40 The 30-minute argument goes well. He walks out down the marble steps thinking, 'Damn, that was fun,' and has been back five more times since.
Dave Moran, a law professor who normally dresses in khakis and a polo, had to buy his first proper suit for a US Supreme Court argument. The rules were clear: 'dark conservative business attire.' The department store clerk thought he was dressing for a job interview.
Dave Moran flew to Washington a month before his argument to observe another case — and came home shaken. Chief Justice Rehnquist publicly humiliated a lawyer for interrupting Justice Scalia mid-question. If cameras had been allowed, they would have caught all the blood draining from Moran's face.
Each side in a US Supreme Court oral argument has just 30 minutes to make its case before the full bench of justices.
After his nerve-wracking first Supreme Court argument in April 2004, Dave Moran has returned to argue before the court five more times and has never been reprimanded by a justice.
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