J. Edgar Murdock
American Inn of Court
I used to say, as Solicitor General,
I made three arguments in every case. First came the one that
I planned-as I thought logical, coherent, complete. Second was the
one actually presented-interrupted, incoherent, disjointed,
disappointing. The third was the utterly devastating argument
that I thought of after going to bed that night.
Resolutions In Memoriam: Mr.
Justice Jackson, 99 L.Ed. 1311, 1318
These scripts are excerpts from oral
arguments in two recent tax cases heard by the U.S. Court of
Appeals for the District of Columbia Circuit. The scripts
were used to illustrate the opportunities and challenges oral
argument presents for the litigator; they include discussion points
raised with the attendees, who described their own views and
experiences with oral argument.