Judge Friedman nodded in our direction. I felt tearful, much like I did when the national anthem was performed before the Super Bowl.

Their Honors sat, the rest of us following suit moments later.

“Good morning. Welcome everyone,” Judge Fleck began, “today is special in that we are sitting en banc, something we do in only the most extraordinary of circumstances. The case we hear today presents such a circumstance. Then again, you all know that—I trust you’re here to witness history in the making and not to inspect my new haircut.”

Nervous laughter erupted. Not laughing at a judge’s joke was a misdemeanor in some states.

“Today, we’ll hear arguments in Nelson v. Donald Timmons, Secretary, Pennsylvania Department of Corrections. In ordinary oral arguments, each side is allotted fifteen minutes to argue its position. Today, counsel for Mr. Nelson and for the state will each have thirty minutes to present their cases. As always, the person appealing will go first—in this case, that’ll be Olivia Northum.”

Olivia Northum had aged ten years since the original arguments just seven months prior, which wasn’t necessarily a bad thing considering she looked barely legal before.

“Good morning and may it please the court,” she began, “we are here today to breathe life back into the Sixth Amendment. An amendment decimated by Judge Adams’s majority—”

“I think we all know why we’re here, Ms. Northum,” Judge Fleck interrupted. She’d been standing there all of five seconds—let the games begin! “And we’re hearing this case from scratch; it’s as though Judge Adams’s majority and Judge Friedman’s dissenting opinions don’t exist. Please tell us something we don’t know, namely why we should disturb the trial court’s finding of no constitutional violation. After all, we are to afford that judgment profound deference.”

“With all due respect, Chief Judge Fleck,” Ms. Northum replied, without batting a lash, “that deference is only appropriate when the trial court’s opinion is reasonable. Here—”

“Would you say it was reasonable for Tip Evans to keep Dell Nelson’s sisters and friends away from the witness chair, away from testifying on his behalf, namely to testify what a good brother, good provider he was for the family? Is that reasonable, Ms. Northum?” Judge Friedman asked.

“Judge Friedman, I’m glad you asked that—”

“It is most certainly reasonable,” Judge Adams said, leaning forward, “as a matter of strategy. Lawyers have a million reasons to do or not do things. We are not here to question their strategy.”

“You’re right, Judge Adams,” Ms. Northum said and smiled. I sensed a future judgeship for this one. “You are not supposed to second-guess strategy—”

“But what strategy can you point to, Judge Adams?” Friedman hissed. “There isn’t a shred of evidence that Tip Evans had a trial strategy.”