Friday, March 20, 2020

How are audio oral arguments going?

Anecdotally, telephonic appellate oral arguments in California are happening, but there are some technical difficulties, and it can be hard to clearly hear the justices.

Back East, in the 2d Cir., Law.com reports: 'Maiden Voyage' on a Stormy Sea: 2nd Circuit Holds 1st Set of Oral Argument Teleconferences in Face of Coronavirus

  • In the midst of the largest disruption to American life in generations, the U.S. Court of Appeals for the Second Circuit on Thursday did something it had never done before.
    Just after 10 a.m., Chief Judge Robert A. Katzmann opened the court’s oral argument session with a brief message to attorneys and other observers, who separately huddled around smartphones and computers to listen as the court conducted its business.
  • “We’ve got the technological capabilities to make sure our arguments go on as scheduled,” Katzmann told the New York Law Journal on Monday. “We have no plans to shut down for business.”
  • At one point, emergency sirens echoed in the background. Microphones at times picked up the turning of pages, the pinging of a cellphone alarm and possibly even some typing on a computer.
  • Absent the visual cues inherent with face-to-face interactions, attorneys and judges sometimes talked over one another without meaning to.
  • “It isn’t perfect, but I think it works pretty well under the circumstances,” Katzmann said.
  • There were some glitches during Friday’s arguments, which attorneys said was the first time they have ever argued an appellate case over the phone.
  • During arguments over a Trump administration health insurance rule, Judge Judith Rogers’ audio dropped off during her questioning of Justice Department attorney Daniel Winik. She repeated her question after she fully reconnected.
  • Moments later, Judge Thomas Griffith said his call had dropped and he was locked out of the argument for “five to six minutes.” “It’s kind of a mess,” he said of the situation, saying he no longer appeared on the screen for the software the court was using to hold the call.