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Law360 (October 9, 2020, 1:04 PM EDT) -- The U.S. Supreme Court said Friday it would continue holding oral arguments via phone through the end of the year because of the coronavirus pandemic, a period that includes blockbuster cases on the Affordable Care Act, the First Amendment and the special counsel's investigation.
U.S. Supreme Court hearings will be conducted remotely for the rest of 2020, using a format the court adopted for its May argument session due to the pandemic. (AP Photo/J. Scott Applewhite, File)
Arberg said the court has not decided what to do about its January argument session, saying it will "continue to closely monitor public health guidance."
The court will keep the same format that it used for its previous teleconference sessions, which marked the first time in the institution's 230-year history that it allowed live audio broadcasts of its oral arguments.
The justices will hear 18 cases in its November and December argument sessions. The most closely watched of those is California v. Texas, an appeal involving the constitutionality of the Affordable Care Act. President Donald Trump and Republican states have argued that the law should be struck down after Congress eliminated the tax penalty for the individual mandate provision. The case is set for argument on Nov. 10, a week after the election.
On Nov. 4, the court will hear Fulton v. City of Philadelphia, a First Amendment case asking whether the city violated the Constitution when it cut ties with a Catholic foster agency that refused to place children with same-sex couples. In December, the court will hear the U.S. Department of Justice's efforts to keep redactions in special counsel Robert Mueller's report describing the president's efforts to interfere with the investigation against him.
Heralded as a breakthrough for high court transparency, the livestreamed oral arguments have a much different dynamic than those held in open court before a public gallery. Rather than the open format of normal hearings, the teleconference format allows the justices only a short, designated time to ask questions of the arguing attorneys. Chief Justice John Roberts Jr. plays a central role in moderating the proceedings.
Perhaps the most surprising result of the new format is that Justice Clarence Thomas, who is typically silent during arguments, has been asking questions throughout the hearings when it is his turn to speak.
--Editing by Katherine Rautenberg.
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