Lisa Blatt nears a record 50 arguments before the Supreme Court
Legal Outlook - POSTED: 2024/04/13 15:23
Legal Outlook - POSTED: 2024/04/13 15:23
No woman has appeared more often before the Supreme Court than Lisa Blatt, who will make her 50th argument this month.
No lawyer, male or female, has done it with quite the same mix of humor, passion and style. And her win-loss record isn’t bad, either: 40-6, with two cases yet to be decided.
She elicits laughs and the occasional sharp response from the justices, who seem to enjoy Blatt’s presentations as much as they respect her legal acumen.
When Blatt joked that Justice Samuel Alito was being her “enforcer” with a friendly question in a case about a claimed retaliatory arrest that was argued last month, the justice said, “I’m not trying to be your enforcer by any means. ... You don’t need one, by any means.”
The Supreme Court’s guide for lawyers who are arguing before the justices essentially warns against trying to emulate Blatt.
“Attempts at humor usually fall flat. The same is true of attempts at familiarity,” the guide advises. “Avoid emotional oration and loud, impassioned pleas. A well-reasoned and logical presentation without resort to histrionics is easier for listeners to comprehend.”
She can be strikingly informal, in one case referring to the highest court in the land as “you guys.” She is often blunt, once telling Justice Elena Kagan that her question was factually and fundamentally wrong. She has resorted to the personal, in one case where she felt her Harvard-educated opponent was being condescending. “I didn’t go to a fancy law school, but I’m very confident in my representation of the case law,” the University of Texas graduate said.
“Texas is a fine law school,” Justice Ruth Bader Ginsburg said, just as the arguments were ending and before the court handed Blatt a unanimous win.
Blatt also can be hyperbolic, cautioning last year that a decision against her client, a Turkish bank, would be “borderline, you know, cataclysmic.” A ruling that recognized a large swath of Oklahoma as tribal land would have “earth-shattering” consequences, she said in 2018. The justices risked causing “madness, confusion, and chaos” if they ruled for a high school student who was suspended from the cheerleading squad over a vulgar social media post.