We have previously reported on two trends that have been apparent in the Sixth Circuit’s approach to oral argument: First, that the court is scheduling more sitting days in order to move cases along, and second, that the court is starting to restrict the number of oral arguments that it hears. Both of these trends were on visible display at the court’s most recent sitting in October. A review of the docket sheets from those days indicates that in most sessions, half, or more than half of the cases to be submitted on each day were being decided without oral argument. Moreover, the court was convening sometimes four panels at a time, and because of that, the Sixth Circuit had to commandeer a district court courtroom to hear all of the arguments (there are three appellate courtrooms in the federal courthouse in Cincinnati). We expect both of these trends to continue, and will take a look at the next calendar of arguments in late November and early December to see if they provide further support for these points.
