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Standby for a plethora of armchair quarterbacking from every lawprof with a blog. ;)I mean, with the argument transcripts coming out on the same day, you have as much information on hand as do the Justices - Jack Balkin can start writing posts like "What Smith v. Jones Should Have Said" the day Smith v. Jones is argued. Then he can bitch about Justice Scalia some more when the court disagrees with him.
Thats fine by me. I'll agree to anything if it keeps ignorant journalists from flipping through decisions on the courthouse steps on live TV. That was cruel. To me.
One thing this will allow is for the advocates themselves to look more carefully at the questions and say "this is what I should have said," or "here's the case I couldn't think of yesterday." Recall Justice Jackson's statement on oral argument: "I made three arguments in every case. First came the one that I had planned—logical, coherent, complete. Second was the one I actually presented—interrupted, incoherent, disjointed, disappointing. The third was the utterly devastating argument that I thought of after going to bed that night." The justices will know about those devastating arguments now, and having the transcripts available will be a great help, I should think. Of course, advocates can do much the same with blogs & such even now, but having the questions in black and white, rather than relying on memory, should be a big help. And the broader world can help out now, without having to wait for a month.
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