WEBVTT 1 00:00:00.570 --> 00:00:01.900 My name is James Graves. 2 00:00:01.900 --> 00:00:04.270 I'm a Judge on the United States Court of Appeals 3 00:00:04.270 --> 00:00:05.550 for the fifth circuit. 4 00:00:05.550 --> 00:00:07.410 It's important that, I think, for people to understand 5 00:00:07.410 --> 00:00:11.070 that we are typically not in court very often. 6 00:00:11.070 --> 00:00:13.820 line:15% When I say not in court, it's a very small percentage 7 00:00:13.820 --> 00:00:16.970 line:15% of our cases that we hear oral argument. 8 00:00:16.970 --> 00:00:18.580 line:15% And when we hear oral argument, of course, 9 00:00:18.580 --> 00:00:20.518 line:15% that's just the lawyers appearing before us 10 00:00:20.518 --> 00:00:25.180 arguing the cases based on briefs that they've written, 11 00:00:25.180 --> 00:00:28.370 line:15% issues that they contend were wrongly decided 12 00:00:28.370 --> 00:00:29.903 line:15% in the court below. 13 00:00:30.800 --> 00:00:34.170 line:15% So most of my job is reading and writing. 14 00:00:34.170 --> 00:00:35.387 line:15% Reading briefs. 15 00:00:35.387 --> 00:00:39.950 Reading the records from what happened in the lower courts 16 00:00:39.950 --> 00:00:43.720 and then writing opinions in those cases. 17 00:00:43.720 --> 00:00:47.620 We'll get the briefs, maybe, six weeks or so 18 00:00:47.620 --> 00:00:51.800 before the sitting and so we begin reading the briefs. 19 00:00:51.800 --> 00:00:54.400 The clerks will prepare bench memos 20 00:00:54.400 --> 00:00:56.860 in connection with the cases. 21 00:00:56.860 --> 00:01:01.390 I typically sit with each one of my clerks individually 22 00:01:01.390 --> 00:01:05.230 and we go over the cases one by one. 23 00:01:05.230 --> 00:01:08.510 line:15% So there, there's a month or so of work 24 00:01:08.510 --> 00:01:11.550 line:15% leading up to that week of oral argument. 25 00:01:11.550 --> 00:01:13.370 line:15% Lawyers come in, they argue the cases, 26 00:01:13.370 --> 00:01:15.890 line:15% usually it's 20 minutes per side for oral argument, 27 00:01:15.890 --> 00:01:17.859 line:15% and then post oral argument, 28 00:01:17.859 --> 00:01:21.260 the judges will meet, conference the cases, talk about 29 00:01:22.570 --> 00:01:25.100 the case among the three judges 30 00:01:25.100 --> 00:01:28.220 'cause we sit in three judge panels. 31 00:01:28.220 --> 00:01:31.430 Opinions are written and you're trying to get those right. 32 00:01:31.430 --> 00:01:33.190 You're trying to see where they're not getting, 33 00:01:33.190 --> 00:01:35.410 you know, who agrees with what, did you put any opinion 34 00:01:35.410 --> 00:01:37.460 you've typically taken a preliminary vote 35 00:01:38.830 --> 00:01:41.580 and then ultimately an opinion comes out of that. 36 00:01:41.580 --> 00:01:43.700 But again, that's a small percentage of the cases. 37 00:01:43.700 --> 00:01:46.640 So a number of the cases are handled on a summary calendar 38 00:01:46.640 --> 00:01:49.080 where there is no oral argument. 39 00:01:49.080 --> 00:01:51.590 Sometimes it's a summary disposition. 40 00:01:51.590 --> 00:01:55.140 Other times it's a little more involved 41 00:01:55.140 --> 00:01:57.580 'cause there are some that you can clearly 42 00:01:57.580 --> 00:01:59.420 line:15% and kind of similarly dismiss. 43 00:01:59.420 --> 00:02:04.160 line:15% Others take more scrutiny, more involvement, more research, 44 00:02:04.160 --> 00:02:06.570 line:15% but you can still dispose of on a summary calendar 45 00:02:06.570 --> 00:02:09.710 and then, a smaller percentage ends up 46 00:02:09.710 --> 00:02:11.960 on the oral argument calendar. 47 00:02:11.960 --> 00:02:15.850 Often times, there are issues which are 48 00:02:15.850 --> 00:02:17.143 pretty nuanced. 49 00:02:18.000 --> 00:02:19.870 There can be case log going this way. 50 00:02:19.870 --> 00:02:21.853 Case log going the other way. 51 00:02:22.940 --> 00:02:25.100 And so you're reading that. 52 00:02:25.100 --> 00:02:27.680 You're saying, well this case seems to suggest this outcome, 53 00:02:27.680 --> 00:02:30.363 this case seems to suggest the opposite outcome, 54 00:02:31.300 --> 00:02:33.060 and so you're reviewing all of that 55 00:02:33.060 --> 00:02:38.060 line:15% and trying to get it right under the law 56 00:02:38.510 --> 00:02:42.040 line:15% and under your determination about what law plays out 57 00:02:42.040 --> 00:02:45.400 line:15% these particular facts and then what outcome 58 00:02:46.580 --> 00:02:48.660 there should be based on the application 59 00:02:48.660 --> 00:02:50.573 of that law to these facts.