Oral Argument

Oral argument is the spoken part of an appeal: after reading the parties’ written briefs, the court hears attorneys for each side answer the judges’ questions, giving the judges a chance to test the arguments and the attorneys a chance to highlight what matters most. The Supreme Court holds argument in about 70-80 cases a year; federal appellate courts similarly allow a fixed time per side. Argument follows briefing — it supplements, and does not replace, the written record.

Example: The Supreme Court posts the audio recordings and transcripts of all oral arguments on its website on the same day the argument is heard (same-day transcripts since the 2006 Term, same-day audio since the 2010 Term), so the public can follow arguments the day they happen.

Common misconception: Oral argument rarely decides a case by itself. The briefs and the record do most of the work; argument is where judges probe weaknesses and counsel answers — and many cases are decided without any oral argument at all (in the lower courts, and by the Supreme Court on petitions decided without argument).

Sources: Oral Arguments | Supreme Court of the United States"; Transcripts and Recordings of Oral Arguments | Supreme Court of the United States"