Restricting Oral Argument

This chapter considers why there is oral argument and what is lost if it is curtailed. Oral argument has at least four benefits. First, it helps the courts reach a more thoroughly informed and considered decision. Second, oral argument helps to legitimize the result and its justification. Third, it permits the parties to show their belief in their cases. And fourth, oral argument helps the court explain its decisions. Each of those benefits is examined in the context of the Appellate Triage regime.