How Justices And Lawyers Are Prepping For Remote Arguments | SCOTUS Could Give Trump Even More Power Over Personnel
April 30, 2020
EVERY TIME I THINK THAT I'VE BEEN TAKING THE STEPS
|“The Supreme Court next week begins hearing oral arguments over the phone – a small step for social distancing, but a giant leap for the justices.” Richard Wolf with USA Today reports that for decades Supreme Court justices have refused to adopt the technological and transparency measures that have been taken up by other branches of government — and even lower courts. Former JUSTICE DAVID SOUTER once famously said about the prospect of putting cameras in the courtroom, “Over my dead body.” But next week the justices will be doing their oral arguments via teleconference AND they’re letting the public listen in live. Not just to the special, controversial cases. But to all of them. Executive Director of Fix the Court, GABE ROTH, told Wolf that there may be hiccups, but who hasn’t been on a conference call that’s had its weird moments?
NOT EXACTLY ROCKET SCIENCE
|Joan Biskupic with CNN explains that justices are practicing for the remote oral arguments by doing test runs. If they’re nervous, they should look at how others are using pretty basic forms of technology to conduct business remotely. Biskupic suggests the U.S. Court of Appeals for D.C. as a great example for SCOTUS to follow. On Tuesday, that court held a three-hour remote hearing on issues relating to separation of powers, with minimal technical distractions. And while SCOTUS arguments usually run for about an hour, the D.C. Circuit experience suggests they could go a bit longer.
SLOW AND STEADY
|“On Monday, Washington lawyer LISA S. BLATT will pull out her favorite suit, put on her lucky, understated jewelry and stride to the lectern to address the justices of the United States Supreme Court. In her dining room. On the telephone.” Robert Barnes with The Washington Post previews the historic hearings that begin Monday and writes, “The coronavirus pandemic has forced changes at the Supreme Court that decades of nagging from the legal academy and threats from congressional critics failed to achieve. Not only will the arguments be conducted by telephone — a Zoom meeting might be a bridge too far for the videophobic justices — the world for the first time will be able to listen in live, as the cases are argued. Anyone who finds that less than remarkable in the 21st century has probably never noticed that bronze tortoises are an architectural feature at the Supreme Court, where counsel still receive a commemorative quill pen.”
NO ONE MAN SHOULD HAVE ALL THAT POWER
|“At last week’s coronavirus task force briefing, PRESIDENT TRUMP floated the possibility of injecting bleach as a cure for the coronavirus. Soon after, the Centers for Disease Control warned on Twitter that disinfectants can cause health problems, and should be used only according to their instructions. The apparent clash raised the question: What if the president threatens to fire officials who refuse to echo his dangerous speculations?” That’s Leah Litman who writes in Slate that SCOTUS seems poised to give the president even more power over personnel — an outcome that would have massive implications on a normal day, but could be even more dangerous during a pandemic.
COMING AT YOU LIVE
|So you don’t miss a moment of the Supreme Court’s live oral arguments, check out Fix the Court’s running list of links for accessing the remote sessions. It all starts next Monday, May 4.