Karen E. Ellingstad, et al. v. Kake Tribal Corporation, et al.
Q-1. Whether the restrictive policy and practice of the
district court and of the Ninth Circuit not to hear oral argument denies the parties their "day in court" and impairs their
right to appeal.
Q-2 Whether the First Amendment and the Fifth
Amendment support a litigant's right to appear in court — in
person or by counsel, before the court decides the merits of
the litigation — in order to present oral argument.
Q-3 Whether the Ninth Circuit's policy of denying oral
argument is in conflict with the practice of the other courts of
appeals and of this Court, which customarily or often allow
an appellant-petitioner to present an oral argument to the
court.
Q-4 Should this Court adopt a uniform policy requiring all
the lower federal courts to allow oral argument at least once
before deciding the merits of a case?
Whether the Ninth Circuit's policy of denying oral argument violates litigants' constitutional rights to due process and a day in court