When (if ever) it's appropriate to make jokes before the US Supreme Court
Key takeaways
- Still, I was intrigued by his decision to say them, especially after Justice Sonia Sotomayor had chosen to say “s-hole country” earlier in the argument when referencing the same quote.
- For the rest of the discussion – and for days after it ended – I wondered about the courtroom protocol on swearing and how much of what happens before the justices can be explained by formal courtroom rules.
- While the guide is meant for people who participate in oral arguments – not those who merely observe them – I found that it serves both audiences well.
During oral argument last month in Mullin v. Doe, attorney Geoffrey Pipoly said something I won’t repeat to my kids. The remark came when Pipoly, who represents Haitian nationals challenging the Trump administration’s effort to revoke their deportation protections, highlighted President Donald Trump’s past comments on Haiti. The president, Pipoly said, has shown “bare dislike of Haitians” and called Haiti a “shithole country.”
Pipoly was not randomly swearing, of course. He was repeating Trump’s own words. Still, I was intrigued by his decision to say them, especially after Justice Sonia Sotomayor had chosen to say “s-hole country” earlier in the argument when referencing the same quote.
For the rest of the discussion – and for days after it ended – I wondered about the courtroom protocol on swearing and how much of what happens before the justices can be explained by formal courtroom rules. Earlier this week, I finally had time to dig deeper, and discovered the court’s Guide for Counsel, which outlines dos and don’ts for the attorneys who argue before the Supreme Court.