Keeping out bad science: Forensics in the courtroom

By Kimberly Atkins Dolan Media Newswires BOSTON, MA--Supreme Court practitioners have many challenges - crafting complex legal arguments advocating for their clients, dealing with adverse precedent, and commanding a large body of legal research, to name a few. But once they approach the podium for oral arguments, the biggest challenge may be simply getting a word in edgewise. That's because the high court's bench is hotter than ever, with the Court's newest additions - Justices Sonia Sotomayor and Elena Kagan - proving to be much more vocal than their predecessors, the Washington Post's Robert Barnes reports. ''They're way more active than they've ever been,'' veteran Supreme Court litigator Lisa S. Blatt told the Post. ''As active as Justice [David] Souter was, Justice Sotomayor is more active. And as active as Justice [John Paul] Stevens was, Justice Kagan is more active than that.'' Justice Clarence Thomas may opt out of engaging in oral arguments, but his colleagues seem to more than make up for it. Supreme Court practitioner Carter Phillips said that, according to Justice Samuel Alito, the court averaged more than 70 questions per half-hour last term. That works out to 2.3 questions per minute - a rapid-fire pace. As a result, Chief Justice John G. Roberts is often tasked with being a traffic cop of sorts, Barnes wrote. When two justices ask a question at the same time, it is Roberts who usually gives a nod deciding who will speak, and sets up a virtual queue of who is to speak next. He also sometimes gives attorneys a break from the rapid questioning, allowing them some time to actually answer them. Supreme Court litigator David Frederick said Roberts' experience arguing before the Court makes him particularly adroit at that task. ''The chief justice has a sense of what it's like to be on this side of the bench,'' Frederick said. ''He totally understands an advocate's perspective.'' Entire contents copyrighted © 2011 by Dolan Media Company. All rights reserved. Reproduction in whole or in part without written permission is expressly forbidden. Published: Thu, Mar 10, 2011