National Law Journal Quotes Pratik Shah on SCOTUS Telephone Arguments

Akin Gump Supreme Court and appellate practice co-head Pratik Shah was quoted by The National Law Journal for its article “That's a Wrap: What Leading Appellate Lawyers Say About Historic SCOTUS Arguments,” on his views of the telephone format for oral argumentation before the Court.

Shah, who has argued 15 cases before the Court with Akin Gump and, previously, as Assistant to the Solicitor General, said, “I see pros and cons. Besides the novelty of Justice Thomas’ active participation, it is refreshing that the advocates are getting more of an opportunity to answer questions than before, without the whiplash-inducing interruption from other justices.”

Shah did note, however, that, because of the phone format, the Justices do not have the opportunity to “piggyback” on each other’s questions immediately, or to address each other through the normal back-and-forth. As a result, he said, “You lose some of the natural flow and dynamic that sheds further insight on their thinking. So, on balance, I look forward to a return to the good old days.”