re: Roberts/SCOTUS needs to address this Trump shite right now

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Especially at the Appellate level

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Justice Ginsburg was a huge proponent of the party presentment rule. In one of her final opinions she wrote

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court is not hidebound by the precise arguments of counsel, but the Ninth Circuit's radical transformation of this case goes well beyond the pale

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when she remanded for reconsideration United States v. Sineneng-Smith

Justice Scalia appeared to share her thoughts, but she was one of the larger proponents on party presentment.

All the jurists would agree with you that party presentment is more an acute issue at the appellate level as the parties have not had a chance to try or brief the issue being presented sua sponte. A court must raise new issues on subject matter jurisdiction and can’t if a party has waived an issue. If the choose to do it in other circumstances they do risk becoming advocates and potentially deprive the parties of their chance to shape their own case