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?