A recent series of articles about oral argument featured in the Council of Appellate Lawyers proves to be an interesting read. We have recently discussed in a series of blog posts the diminishing number, if not significance, of oral argument at the Sixth Circuit. Consistent with some of the points made in these articles, oral argument remains an important fixture at the Sixth Circuit. Our experience is that as the Court has curtailed the number of arguments, it has utilized this process to ensure that “better” cases (ie, more difficult/interesting ones) are receiving argument time. And the judges have generally responded with relatively hot benches. And this is a good thing – no one wants to go in and argue to the sound of crickets chirping.
