, who replaced retiring Justice Stephen Breyer, is also a “considerably more active questioner” than her predecessor, Jay said.
During the 1800s, when the justices heard arguments from noon to 4 p.m. without a lunch break, tables were set up behind the bench and the justices would leave one or two at a time to eat. These days there’s no leaving the bench to eat during arguments, though justices sometimes duck out to go to the bathroom. In October, when the court heard back-to-back arguments in
Seth Waxman, a veteran of more than 80 Supreme Court arguments, once remarked that for Rehnquist: “The red light ended everything — absolutely everything.”
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