“You’re better than that”

Judge Moore had harsh words for an advocate recently during an oral argument.  It probably serves as a lesson to all advocates, even Supreme Court advocates, not to adopt too dismissive of a tone with respect to an opposing side’s position during oral argument.

The exchange between Judge Moore and the advocate went as follows:

Judge Moore:  I don’t understand your point.  You’re going too fast and you need to . . .

Advocate:  I . . . I apologize your Honor.

Judge Moore:  Stop.  Don’t interrupt me.  You’re going too fast and you need to divorce from this argument any more characterizations which are not welcome about like his new favorite figure, his new this.  Don’t do that, Mr. **********.  You’re better than that.  Don’t do it.  Go ahead, keep going.

If I were to rank the top three judges of the Federal Circuit least likely to endure arguments that they perceive to be rude, it would be:
1)  Judge Plager

2)  Judge Wallach

3)  Judge Moore.

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