Sitting at Counsel Table Before the U.S. Supreme Court

• Author: Christie Hebert
• Pages: 13-16

Appellate Practice American Bar Association Litigation Section Spring 2024, Vol. 43 No. 2 Sitting at Counsel Table Before the U.S. Supreme Court Christie Hebert Mar 14, 2024 Recently, I sat at counsel table before the U.S. Supreme Court in Devillier v. Texas . In the wake of the argument, I’ve interacted with dozens of people, both lawyers and nonlawyers. They’ve all asked—in hushed, reverent tones—what appearing before the Supreme Court was like. I’ll admit that I struggle with the question. I didn’t argue before the Supreme Court. Bob McNamara did. And he argued with such style and grace that the justices—after an initial round of firing-squad-style questions—permitted him to give an uninterpreted monologue on why the Fifth Amendment gives property owners like the Devilliers the right to sue Texas for refusing to pay just compensation. Sitting at Bob’s elbow during the argument, and at his metaphorical elbow during all the preparation, provided me with invaluable insight into the dynamics of a Supreme Court case and excellent appellate advocacy. Here, though, I’ll attempt to tell you about the experience of appearing before the Court, a privilege that only a small group of attorneys enjoys each year. Rather than share oral argument tips or tricks (with which this committee is already familiar ), I’ll share my observations and impressions to provide you with a window into a morning before the Court. The Day Arrives From the moment I woke on the day of the argument, the gravity of the day was palpable. Several inches of snow had blanketed Washington, D.C., the night before. Other than the Supreme Court—which plays by its own rules—the federal government was closed for the day, and schoolchildren were enjoying a snow day. D.C. was quiet and pristine, seeming to hold its breath. To avoid any logistical complications that morning, Bob and I walked through the snow and the silence the few blocks from our hotel to the Court . That short walk took us up First Street, past the Library of Congress, and between the U.S. Capitol and the Supreme Court. I © 2024 by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association. Appellate Practice American Bar Association Litigation Section Spring 2024, Vol. 43 No. 2 couldn’t help...