Blind justice: No visual cues in high court phone cases
Litigation Reports
On the evening before he was to argue a case before the Supreme Court years ago, Jeffrey Fisher broke his glasses. That left the very nearsighted lawyer with an unappealing choice. He could wear contacts and clearly see the justices but not his notes, or skip the contacts and see only his notes.
It wasn’t hard to decide. “I couldn’t imagine doing argument without seeing their faces,” Fisher said.
He won’t have a choice next month. Because of the coronavirus pandemic the high court is, for the first time in its 230-year history, holding arguments by telephone. Beyond not being able to see the justices' nods, frowns and hand gestures, the teleconference arguments in 10 cases over six days present a range of challenges, attorneys said, but also opportunities.
Roman Martinez, who will argue in a free speech case, said the lack of visual cues may change what sense is most important. “Maybe it will concentrate the mind on listening,” he said.
The unprecedented decision to hold arguments by phone was an effort to help slow the spread of the virus. Most of the justices are at risk because of their age; six are over 65. And hearing arguments by phone allows them to decide significant cases by the court’s traditional summer break.
The attorneys arguing before the court include lawyers for the federal government and states as well as those in private practice. Only a few are women. Most have made multiple arguments and are familiar to the justices, although at least one lawyer is giving his first argument before the court. The Trump administration's top Supreme Court lawyer, Solicitor General Noel Francisco, will argue twice.
Related listings
-
Black robes or bathrobes? Virus alters high court traditions
Litigation Reports 05/01/2020The coronavirus pandemic is forcing big changes at the tradition-bound Supreme Court. The justices will hear arguments this month by telephone for the first time since Alexander Graham Bell patented his invention in 1876.Audio of the arguments will b...
-
Court lifts part of order blocking Texas abortion ban
Litigation Reports 04/10/2020A federal appeals court on Friday partially rescinded a lower-court order that had largely blocked the enforcement of an abortion ban in Texas during the coronavirus pandemic.By a 2-1 vote, the three-judge panel of the 5th U.S. Circuit Court of Appea...
-
Court opens way to send ex-Mozambique minister to US trial
Litigation Reports 11/01/2019Former Mozambique finance minister Manuel Chang faces the prospect of being extradited to the United States to face trial after a South African court on Friday ruled against him being sent to his home country.Chang's fate is now with South African Ju...
Lawyer Website Design For Sole Practitioners - Law Promo
Law Promo understands that running a solo law practice can be a difficult undertaking at any stage, especially if you are just starting up your practice.
The most challenging part of running any solo business can be managing each and every aspect, especially those areas in which you have less experience. Marketing is often one of the weakest areas for small businesses and yet is the most important in ensuring business growth.
A solid internet marketing campaign is crucial, as it can level the playing field between you and larger firms and is by far the most cost effective way to attract more clients.