UPDATE: Gibson, Dunn & Crutcher partner Theodore Olson, responding to the emergency motion for divided argument filed by Joseph Larisa (see below) wrote to the Court late Monday that his client Gov. Carcieri "does not object" to a 20-10 minute division of the half hour argument time, with Olson arguing for 20 minutes and handling rebuttal and Larisa arguing for 10 minutes. Larisa says Charlestown is agreeable to the arrangement suggested by Olson. But in a separate letter late Monday, Assistant Rhode Island Attorney General Neil Kelly told the Court that Attorney General Patrick Lynch still opposes divided argument and will undertake "a renewed effort to select one counsel." Kelly's letter refers to Larisa's client, the town of Charlestown, as a "small town in Rhode Island" that has frustrated efforts to give the state one voice before the Court.
Exactly one week before oral argument in the case of Carcieri v. Kempthorne, agreement over which lawyer will argue for the appellants before the Supreme Court still seems far away -- so far, in fact that the Supreme Court itself may decide.