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First Monday Sketches

Justice Thomas was absent from the bench – “indisposed due to illness” said the Chief Justice after formally announcing the beginning of the new term.

The Justices then heard argument in the first case, Kahler v. Kansason whether states can abolish the insanity defense. Under a recent change to the “Guide for Counsel Arguing Cases” lawyers are now allowed two minutes, uninterrupted, to make their case before the justices jump in with questions. A light on the lectern briefly flashed before Justice Ginsburg jumped in with the first question of the term.

In addition to another morning argument, which I did not attend, the Court heard a rare afternoon argument in Ramos v. Louisiana on the requirement for state juries to reach unanimous verdicts.