A pair of civil jurisdiction cases on the next to last argument day of the Supreme Court’s term promised little in the way of news, but for a ringtone that sounded early into the first argument. Cell phones are not permitted in the courtroom, except maybe for the Justices. And sure enough, it was Justice Breyer’s phone that rang.
So that was the news of the day. Here are my sketches from the arguments, Bristol-Myers Squibb v. Superior Court of California and BNSF Railway v. Tyrrell, as well as the opinion in Lewis v. Clarke announced by Justice Sotomayor.
The justices today heard arguments about whether an indigent defendant is entitled to truly independent expert assistance ( McWilliams v. Dunn ), and on the subject of ineffective assistance of counsel ( Davila v. Davis ).
I thought the Court’s newest justice would have a lot to say during arguments in the church-state separation case, Trinity Lutheran Church v. Comer, heard yesterday. But Justice Gorsuch asked no questions until the very end, and then nothing very pointed.
Just a couple sketches from today’s very technical argument in Kokesh v. SEC . . .
Justice Gorsuch took his seat on the Supreme Court bench for the first time today, actively questioning lawyers presenting oral arguments.