Rhetoric and Discourse in Supreme Court Oral Arguments by Malphurs Ryan A

Author:Malphurs, Ryan A.
Language: eng
Format: epub
ISBN: 978-1-136-18229-7
Publisher: Taylor & Francis (CAM)

QUANTITATIVE SUMMARY

A summary of quantitative analysis suggests that justices’ rhetorical discursive interactions may reveal preferential treatment for advocates. In general, the respondent’s advocate faced significantly more questions and a much more aggressive style of questioning than did the opposing advocate. The respondent’s advocate was also interrupted more frequently and his response time was significantly more limited than the petitioner’s. The petitioner also faced more stringent questioning by those justices who voted against them, but not to the degree to which the respondent’s advocate was questioned. Furthermore, Justices Kennedy, Alito, and Ginsburg all maintained relatively balanced questioning and did not reflect a significant bias in their rhetorical discourse. Lastly, justices did assist one advocate more than the other, but Justice Scalia was the only justice who significantly and disproportionately assisted one advocate over the other. However, any assistance from a Supreme Court justice can significantly bolster one’s case, because that advocate gains an advocate who carries legal and social authority that can help defend and advance an argument.

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