A “View” From The Courtroom: Two-Minute Warning

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Publish Date:
October 7, 2019
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SCOTUSblog
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Summary

There is an air of anticipation as spectators gather in the courtroom for the first day of the new term. Already, there are people in line for Tuesday’s arguments on whether Title VII covers sexual orientation or transgender status in the workplace. In the cafeteria this morning, I meet a recent law school graduate who is fourth in line and is taking a breakfast break. (Apparently, the members of the overnight line look out for each other and allow for restroom and meal breaks.)

But before we get to Tuesday, we have to get through a busy first day, which includes two cases in the morning and a rare afternoon argument. The courtroom is full this morning, and it is slightly jarring to see Michael Dreeben, who left the Justice Department earlier this year after 30 years of service, including as deputy solicitor general specializing in criminal cases, sitting in the second row of the public gallery.

As is often evident in the second and third arguments of the day, the overall vibe in the courtroom is more relaxed. The justices (minus Thomas) return to the bench promptly at 1 p.m. Jeffrey Fisher of the Stanford Law School Supreme Court Litigation Clinic is representing Evangelisto Ramos, who was convicted of second-degree murder of a New Orleans woman by a jury vote of 10-2.

Sitting at the petitioner’s table is Pamela Karlan, also of Stanford, who will be arguing for the gay employees in tomorrow’s Title VII cases. Meanwhile, at the respondent’s table, Washington lawyer William Consovoy, who is busy with any number of high-profile issues, including some involving President Donald Trump, is with the team from the state of Louisiana.

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