Supreme Court advocates often talk about feeling like spectators at a tennis match when they argue, watching as justices score points against each other while the lawyer who is supposed to be making the argument stands idly by.
A dramatic example came Monday as former Solicitor General Kenneth Starr argued in the case of Horne v. Flores, a tangled dispute over the interplay of civil rights laws and the No Child Left Behind statute in determining what actions and funding are appropriate or necessary to help English language learners in Arizona schools. Throw in a dispute between the state’s attorney general and other state officials over the right answer to the question, and it made for a messy hour of argument.
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