New Rules For Remote Oral Arguments | The Challenges And Opportunities Of “Blind” Justice
April 29, 2020
RULES OF ENGAGEMENT
|Next week the Supreme Court will make history when it hears oral arguments remotely via phone for the first time. To adjust to the new way of doing business, the high court will also adjust its rules of engagement for the remote hearings. The justices will take turns asking questions, in order of seniority, with CHIEF JUSTICE JOHN ROBERTS going first. Justices will be able to exhaust his or her line of questioning before moving on to the next justice in line. Any remaining questions can be asked at the end if there is time.
BLIND JUSTICE
|Jessica Gresko and Mark Sherman with the Associated Press report on the upcoming and historic oral arguments beginning next week. They cover the expected challenges — and perhaps opportunities — for lawyers being unable to see the justices’ facial expressions as they argue. And being invisible to the justices may have its advantages as well. Attorneys preparing for their arguments say they may have an easier time concentrating and reading from their notes if they need.
UP FIRST
|“The U.S. Supreme Court’s historic May argument session—which will be held by phone due to the coronavirus pandemic—will also be notable for featuring an argument between two female lawyers to start the two-week session. Legendary high court litigator LISA BLATT, of Williams and Connolly, will face off May 4 against ERICA ROSS, assistant to the U.S. solicitor general, in a trademark case.” Jordan S. Rubin and Kimberly Strawbridge Robinson with Bloomberg Law report on the female advocates kicking off the high court’s historic session.
ON DECK
|“Next Wednesday, the Supreme Court will hear a pair of cases, Little Sisters of the Poor v. Pennsylvania and Trump v. Pennsylvania, which could write the final chapter in a multi-year struggle over whether employers with religious objections to birth control may deny insurance coverage of contraceptives to their employees. With two Trump appointees occupying seats on the Supreme Court, the Court is now far more conservative than it was four years ago, when a similar birth control case reached the justices. It is likely, in other words, that religious conservatives can look forward to a big win in the Pennsylvania cases — one that would mean many individuals could be left without birth control coverage.” Ian Millhiser with Vox previews the much-anticipated cases regarding access to contraception.
COMING AT YOU LIVE
|Don’t miss a moment of listening live as our Supreme Court justices debate some of the biggest hot button issues of our time. In case it wasn’t clear enough already, the ability for Americans to tune in and follow along with the highest court in the land is history-making stuff. For the first time ever, you’ll get a front row seat at the Supreme Court and you won’t have to leave your home to do it. You’ll also get to listen live as a group of tech-averse justices figure out how to do the work of the court remotely. Fix the Court is keeping a running list of links for how accessing live feeds for all of the May cases. So you won’t miss the opportunity to listen live, SCOTUSDaily will be flagging this list every day for you. Share with your friends and family, and enjoy the soothing sounds of our Supreme Court at work.
OTHER NEWS
Federal Court Delivers Holy Grail Of Education Advocacy: A Fundamental Right To Basic Education. Don’t Count On Supreme Court To Uphold It.
The Washington Post“I wrote last week about a historic decision by a federal appeals court that ruled that students in the low-performing Detroit school system have a right to expect to learn to read and write in their public schools. The Supreme Court has never decided the issue, but the U.S. Court of Appeals for the 6th Circuit said ‘we recognize that the Constitution provides a fundamental right to a basic minimum education.’ The judges said the right to literacy was “narrow” but includes the skills essential for ‘basic exercise of other fundamental rights and liberties, most importantly participation in our political system.'”