Well, if you have already decided your position before you hear the arguments you don't need to ask questions, but the questions from the Justice's during argument is for the purpose of gaining clarity on what is contained in the briefs. If you are receiving two separate arguments, one would think that clarifying questions are of value. I believe if the Supreme Court was designed to merely render decisions from submitted briefs an argument phase wouldn't have been built into the process.
The cheers for Justice Thomas' position aren't surprising. I don't see Justice Thomas addressing any but the most friendly audiences to him.
Read the Article at HuffingtonPost
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