Zoom-preme Court? SCOTUS goes long-distance amid pandemic
The court will hear major cases — including ones which could influence the election — over the phone for the first time in history.
The Supreme Court announced it will postpone the remaining two weeks of oral arguments that were set to start in April amid the COVID-19 pandemic. It’s not the first time the court has delayed oral arguments: It did so during the 1918 Spanish Influenza outbreak, resuming later that year.
But they didn’t have telephone conferencing in 1918.
So for high-profile cases postponed in March, the court will convene over a group call. Justices and counsels will participate for six days in May, the court announced Monday.
This is the first time S.C.O.T.U.S. will hold arguments entirely over the phone.
The 10 cases expected to be virtually heard next month include some with major influence on the current presidential race, such as two cases that could uproot the functionality of the Electoral College.
These cases, one from Washington state and the other from Colorado, query whether Electoral College electors have the right to break their pledges to back the candidate who wins their respective states’ popular vote — and if so, questions whether or not states are permitted to penalize these “faithless electors.” The court will hear these on May 13.
Three other high-profile cases involve subpoenas for President Donald Trump’s financial records. Two are congressional subpoenas, with the third involving a New York grand jury regarding hush money payments made during the 2016 presidential election. They will be heard May 12.
Journalists will have audio access to teleconference hearings. Another consideration? Live television coverage, but justices and viewers alike opposed broadcasting given the length and sensitivity of cases.
Justices will release opinions for all cases that have been argued during this term. Most Supreme Court personnel are currently teleworking; the court usually recesses in late June.
Cases beyond these 10 are up in the air schedule-wise, according to a press release. And the court would be further behind schedule if the current quarantine measures last into October: the start of the next term. Justices may have to hear more arguments virtually — or decide cases on briefs without arguments at all.
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