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What it is prefer to argue earlier than the Supreme Court throughout COVID-19


Asked and Answered: Looking Ahead to 2021

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Jeffrey L. Fisher has argued greater than 40 U.S. Supreme Court instances, and he depends closely on the justices’ physique language throughout arguments. But that wasn’t doable for his final three, which have been performed by telephone due to the COVID-19 pandemic.

Fisher took all three calls at Stanford Law School’s Supreme Court Litigation Clinic, which he co-directs. He has children at dwelling, as well as a spouse who additionally teaches legislation college remotely, and he didn’t need any interruptions from individuals or Wi-Fi connections.

For the primary argument in May, he opted to face at a lectern. But that didn’t really feel proper, and he realized that making an attempt to copy the in-person Supreme Court experience on the telephone in all probability wasn’t the fitting approach.

So for his subsequent two arguments, each of which have been heard in November, he took the calls whereas sitting down at a convention desk. Also, there’s not less than one profit to the phone course of, Fisher says—when it’s your flip, you possibly can take notes.

He not too long ago shared his experiences with ABA Journal Senior Writer Stephanie Francis Ward as a part of a particular Asked and Answered podcast sequence, which appears on the method that legal professionals’ lives have modified through the novel coronavirus pandemic.

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In This Podcast:

<p>Jeffrey L. Fisher</p>

Jeffrey L. Fisher

Jeffrey L. Fisher, a Stanford Law School professor, co-directs its Supreme Court Litigation Clinic, and he’s additionally a particular counsel with O’Melveny & Myers’ Supreme Court and appellate observe group. The landmark instances he has argued embrace Riley v. California and Obergefell v. Hodges.


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