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In reply to the discussion: Scalia Says Court Can’t Be Bothered To Read Obamacare: ‘You Really Want Us To Go Through These 2,700 [View all]Jim Lane
(11,175 posts)The idea is that each side will present the facts, legal precedents, etc. that support its position. The judges will have the benefit of these presentations instead of doing independent investigation.
Your example is different because teachers grading papers don't commonly use the adversary system. You shouldn't grade in reliance on what your students tell you unless someone is engaged on the other side, someone knowledgeable and experienced in the field, who reads the same papers and is assigned to argue for a lower grade.
Incidentally, the ACA argument illustrates the point. Because the case is so complex, there are more than two possible resolutions. Neither the plaintiffs nor the Department of Justice favor the resolution reached in the lower court. Therefore, the Supreme Court appointed a third set of lawyers to argue for that position. That's an unusual step, but appropriate here, because it ensures that the Court will hear all the relevant arguments.