Twice grilled.

• Author: Sullivan, J. Thomas
• Position: First Arguments at the Supreme Court of the United States

I was fortunate enough to argue two cases before the Court in successive years, a circumstance that I suspect is quite rare for an unknown private practitioner. The experiences have blurred in my memory over time, likely due in no small part to the fact that I lost both cases, but I will try to separate the highlights here.

I do remember that any trip to the Court is indeed an awesome experience. My labor law professor, Charles J. Morris, had commented in class about the honor of arguing before the Court and then tossed out the suggestion that we, too, would be able to argue a case before the Court one day. His rather simplistic assurance on this point came back to me when I was notified that my first cert petition had been granted. I also remember the sleepless night before that argument; my premature attempts to awaken so that I would be sure to avoid being late; the back-up wake-up call my wife, Suzy, gave me that morning. How foolish she was to ask if I had slept well.

The concerns common to most counsel arguing before the Court were complicated before my first argument by a problem that I can say with some assurance is unique. Three days before my flight to Washington, I was playing with my then one-year- old daughter Molly. A toy she particularly liked had a suction cup on it, and I plopped it onto my forehead to make her laugh. She laughed enthusiastically, bouncing the toy in every which direction trying to pull it off while I steadfastly remained in control of the device for some matter of minutes. When I finally dislodged the thing, it had left a large, well-defined red circle in the middle of my forehead that looked exactly like a target. For the next two days, we tried everything to make the mark go away, but nothing seemed to work. I was worried that the Court might observe me as some kind of nut showing up pre-targeted for oral argument, but thankfully, it disappeared the day of my flight to Washington.

I remember that once I saw it, and then stepped inside it, the Court's impressive building gave me the feeling that this is a place where something very important happens. I think I would have had that feeling even if I had not been a lawyer, even if I had not been there to argue a case that morning. I realized again how much was at stake for my client, and imagining worst-case scenarios, I was quite relieved when I saw a sign indicating that the Supreme Court has a full-time tailor in residence. I put my fears about a ripped...