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That's a Wrap: What Leading Appellate Lawyers Say About Historic SCOTUS Arguments
The U.S. Supreme Court on Wednesday finished its sixth and final day of first-ever telephonic arguments with a few surprises and generally positive reviews. But did the virtual format affect the substance of the arguments and will there be any long-lasting effects?
The surprises included the full participation of Justice Clarence Thomas, the toilet flush heard around the country, and the knowledge that, like many of us, some justices forgot to unmute their phones at times. And the format had a definite impact on the tenor and substance of the arguments, according to several advocates who provided observations to The National Law Journal.
The justices heard 10 arguments over the two-week May session after postponing its scheduled March and April argument sessions because of the COVID-19 virus. They also moved 10 cases from those two sessions into the new term beginning in October.
The NLJ reached out to a handful of veteran appellate lawyers for their assessment of the arguments—the pros and cons, and everything in between. The lawyers provided thoughts on the dynamics and tempo of the phone sessions—and the benefit of hearing regularly from Thomas, who often did not ask questions back when arguments were held in open court.
See also here:
Frodo Baggins 2020? about Justice Thomas asking about the LOTR hero at oral argument.
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