Tuesday, September 21, 2021

SCOTUS oral argument guide

SCOTUS has released its October Term 2021 Guide For Counsel in cases to be argued. Bloomberg Law reports U.S. Supreme Court Adopts Hybrid Argument Format for New Term: "The justices decided on a hybrid model for their return to in-person arguments this fall—with 30 minutes of open questioning followed by an opportunity for each to query advocates individually in turn."

The Supreme Court is returning to open court Oct. 4 for the first in-person arguments since the start of the pandemic, but it's not going back to the old ways of "free-for-all" questioning. Instead, it will incorporate part of its remote hearing format to give the justices time to ask questions in order of seniority at the end of an attorney's argument, the court said Tuesday.
The mixed format unveiled Tuesday won't be the only way next month's in-person arguments will feel different. In light of the continued spread of the virus, the court is only allowing essential court personnel, counsel in the scheduled cases, and journalists with full-time press credentials inside the courtroom through to December at least.

One aspect of the remote arguments that court watchers are clamoring to make a permanent fixture is the broadcasting of live audio, which was long prohibited. The court has said that it will continue allowing live audio streams through December, but it is not clear whether that policy will extend beyond when full courtroom access is restored to members of the public.