Each side in a US Supreme Court oral argument has just 30 minutes to make its case before the full bench of justices.
Snapshot · The Moth
Each side in a US Supreme Court oral argument has just 30 minutes to make its case before the full bench of justices.
Where this was said
At 28:50 · 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.
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.
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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