Supreme Court to hear first in-person arguments in more than a year

After more than a year of pandemic precautions, the Supreme Court announced Wednesday its justices will return to the courtroom to hear cases in person when the next session begins in October.

“Courtroom access will be limited to the Justices, essential Court personnel, counsel in the scheduled cases, and journalists with full-time press credentials issued by the Supreme Court,” the court said in the announcement. “Out of concern for the health and safety of the public and Supreme Court employees, the Courtroom sessions will not be open to the public.”

The Supreme Court said it expects to provide live audio feeds of oral arguments in October, November and December. “Additional details regarding the live audio feed will be provided in the coming weeks,” the court said. “The Court will continue to closely monitor public health guidance in determining plans.”

The live audio feeds are a new feature established specifically because of the pandemic. Before that, the Supreme Court would only allow live audio of arguments in some high profile cases. The court would release a transcript of the arguments the same day, but hold onto the audio recordings for several days.

The justices last sat together on the bench on March 9, 2020. By the middle of the month, the Supreme Court was essentially shut down. It was closed to visitors, and arguments in March and April were postponed. By May, justices were hearing cases over the phone. During the justices’ absence from the courtroom, they heard a total of 68 arguments by phone.

October will see the first traditional courtroom argument experience for the court’s newest justice, Amy Coney Barrett. She was appointed to the bench in the middle of the in-person hiatus after Justice Ruth Bader Ginsburg died last September.

Telephone arguments have proven to be more predictable and polite than traditional arguments. Instead of the justices asking questions of lawyers in rapid succession, jockeying for an opening to ask what’s on their minds, they take turns asking questions, one by one, in order of seniority.