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I don't think the holding turned on the number of antennae at all. Nor is oral argument very important in appellate practice.


I disagree. The lower federal appellate courts, which hear appeals as of right, don't even hear oral arguments on cases that can be easily decided on the briefs. The Supreme Court rarely hears such cases: if a case was easy to decide on the briefs, the Circuit Court below would have clearly resolved it. Oral arguments are particularly valuable in cases like this one: where the law is clear, but the facts are ambiguous. Should Aereo be viewed like essentially a long antenna, or like essentially a cable service?




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