Oral Argument 2.0

The Oral Argument Amicus

Oral Argument 2.0 serves as an Oral Argument Amicus: top legal academics, with the benefit of hindsight, provide alternate answers to a handful of questions that the justices posed during recent arguments. Oral Argument 2.0 in no way means to undermine the work of Supreme Court advocates; it aims, instead, to supplement and fortify answers to the most important and challenging queries and to offer additional perspectives. Indeed, our best responses sometimes come to mind after the opportunity to offer a rejoinder has passed—l'esprit d'escalier.

October 2020 Term

The Oral Argument 2.0 Amici offer answers to key questions in the following cases:

Americans for Prosperity v. Rodriquez NEW
Charitable Donation, Exacting Scrutiny, First Amendment
AMG Capital Management, LLC v. Federal Trade Commission NEW
Disgorgement, Equity, Injunctions, Remedies, Restitution
Brownback v. King
Civil Procedure, Federal Tort Claims Act (FTCA), Judgment Bar
Carney v. Adams
First Amendment, Free Speech
Edwards v. Vannoy NEW
Federal Courts, Retroactivity, Unanimous Juries
FCC v. Prometheus Radio Project
Administrative Law, FCC, Media Ownership
Ford Motor Company v. Montana Eighth Judicial District Court
Civil Procedure, Personal Jurisdiction, Relatedness
Fulton v. City of Philadelphia
First Amendment, Religion
Google LLC v. Oracle America Inc. NEW
Copyright, Technology

Jones v. Mississippi
Eighth Amendment, Incorrigibility, Juvenile Sentencing, Life Without Parole, LWOP
Lange v. California NEW
Criminal Procedure, Exigent Circumstances, Fourth Amendment, Warrant
Nestlé USA, Inc. v. Doe I NEW
Alien Tort Statute, ATS, Foreign Relations, International Law
Pereida v. Barr NEW
Categorical Approach, Immigration, INA
Pham v. Guzman Chavez NEW
Asylum, Detention, Immigration, Removal
Torres v. Madrid NEW
Deadly Force, Due Process Clause, Fourth Amendment, Search and Seizure
U.S. Fish and Wildlife Service v. Sierra Club NEW
Environmental Law, FOIA, Freedom of Information Act
United States v. Arthrex, Inc. NEW
Administrative Law, appointment, inferior officer, principal officer, Removal