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The value of oral argument?
[I quote] If you’re a briefwriter who, for whatever reason, rarely gets the opportunity to present oral argument, take heart in this quotation by a Fifth Circuit legend:
Oral argument, as such, is rarely, if ever, so essential to elemental fairness as to orbit to a constitutional apogee. Indeed, the practice of Courts of disposing of cases in a variety of situations on the papers, reflects the experience of mature judges that oral argument in many, many cases adds nothing to the process of enlightenment.
Groendyke Transport, Inc. v. Davis, 406 F.2d 1158, 1162 (5th Cir. 1969) (Brown, J.).
If Judge Brown is correct, a properly written brief leaves no question to be asked, no necessity to clarify a point, and no point of the opponent’s brief left unanswered or unexplained. So I would not take Judge Brown’s point to its literal conclusion. The implied proposition however is perfectly valid.
tip: the (new) legal writer blog.