Although it was mostly a formality, the US Supreme Court today granted the acting US Solicitor General’s motion to present oral argument and for divided oral argument in the “ceded lands” case at next week’s arguments. The Obama Administration had asked to present oral argument as an amicus to support the State’s position, and to take 10 minutes of time. What this means is that oral arguments next Wednesday will consist of 20 minutes by the State, 10 minutes by the Obama Administration, and 30 minutes by OHA.
After the SG’s office asked for argument time (as noted here), we assumed the Court would grant the request, since it is rarely denied. The SG is sometimes labeled the “tenth Justice,” since the Court pays close attention to its views when it participates in a case as amicus. Here, the SG’s brief supporting the State was filed by the Bush Administration, and the request to present oral argument was made by the Obama Administration, which should dispel any question of whether the federal government’s position strongly supporting the State would change after the election.
The order granting the Obama Administration’s request for amicus argument is posted here. Formore about the ceded lands case, including the Hawaii Supreme Courtdecision under review, all of the merits and amicus briefs, and links to media reports and commentary, visitour ceded lands page.