Slate: Blood Tests and Bad Lawyering

Slate: Blood Tests and Bad Lawyering by Mark Joseph Stern:

The Supreme Court finds unity in the face of bumbling attorneys and a tough Fourth Amendment case.

The justices of the United States Supreme Court are at their best when united against a common foe. It’s much easier to put aside doctrinal differences and work together when an attorney at the lectern sounds like a clodhopping amateur trying out for the moot court team. On Wednesday, in a critically important Fourth Amendment case, not one but two advocates performed so terribly that the justices effectively gave up and had a conversation among themselves. The result was a deeply uncomfortable 70 minutes during which the clash between state power and individual autonomy took a back seat to jokes about night court and hillbilly judges.

Was that fair comment or not?

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