In a Daily Journal podcast released today, Chief Justice Tani Cantil-Sakauye discusses what works and what doesn’t in written and oral advocacy at the Supreme Court. She also talks about her personal history, including growing up near the Capitol in Sacramento, and about the Supreme Court and the California judiciary in general.
During the comprehensive interview, the Chief Justice said, among many other things, that petitions for review should explain why a case is the best vehicle to resolve the question presented, and that in briefs and at oral argument, counsel should have a rule in mind — not just a result for the particular case — and be prepared to defend the proposed rule.
The Chief Justice was asked what areas of the law the court will likely be dealing with in the future. Her list included arbitration, CEQA, PAGA, water issues, and the Consumer Legal Remedies Act. She also said, “I’m hoping that we have spoken enough about anti-SLAPP that you won’t see too many of those, but those continue to come to the California Supreme Court.”
The Chief Justice also discussed the circumstances that might lead to the “rare” grant of review on the court’s own motion and explained that the court strives to be unanimous because the justices “recognize our role as providing guidance not only to the courts, but to businesses and other entities that can rely on the stability and consistency and predictability of the law.”