10 November 2013


The oral argument earlier this week in the case of Medtronic, Inc. v. Boston Scientific Corp. was a mostly one-sided affair. Former Solicitor General Seth Waxman went first, and reserved three minutes of his time for rebuttal. Yet when the argument came back to him, he did the following:
Chief Justice Roberts: Mr. Waxman, you have three minutes remaining.
Seth P. Waxman: I'd be happy to respond to any questions that the Court has. Otherwise, I would submit on the briefs.
While many counsel would take every opportunity to use their three remaining minutes to argue the case, Waxman (who is, hands down, one of the best) showed supreme confidence in his case by simply remaining available for questions (there were none), and then submitting on his brief.
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