The Supreme Court on Tuesday unveiled the protocol that will guide the justices and lawyers next week when the famously tech-averse high court begins to hear oral arguments by conference call.
Starting with a trademark dispute on May 4 involving the travel service Booking.com, the court will hold 10 arguments by telephone conference next month, including a landmark case involving President Trump’s financial records, as part of its response to the global pandemic.
“In keeping with public health guidance in response to COVID-19, the justices and counsel will all participate remotely,” a court spokeswoman said.
On argument days, lawyers will receive a morning briefing from the clerk of the court, who will answer any last-minute questions before counsel is patched into the main conference call. At 10 a.m., the court will observe the marshal’s traditional “cry” of “Oyez, oyez, oyez!” to usher in the session.
When arguments open, the justices will allow counsel two minutes of speaking time before posing questions, which will start with Chief Justice John Roberts and proceed to the other justices in order of seniority.
The Supreme Court’s embrace of teleconferencing represents a dramatic step for a court that has traditionally been wary of adopting new technologies, and comes after the court postponed arguments in March and April in order to abide by social-distancing policies.
Six of the nine justices are age 65 or older, placing them in a population that the Centers for Disease Control and Prevention considers to be at risk for serious illness from the coronavirus. The older justices are Ruth Bader Ginsburg, 87; Stephen Breyer, 81; Clarence Thomas, 71; Samuel Alito, 70; and John Roberts and Sonia Sotomayor, 65.
Next month’s arguments will take place May 4-6 and May 11-13.
In addition to the dispute over access to Trump’s tax returns and other records, the justices will hear cases involving questions of religious liberty, “faithless electors” — members of the Electoral College who choose not to support the presidential candidate picked by the voters in their state — and ObamaCare’s contraception requirement.