Lengthy arguments have to do with a change the justices made to their argument style tied to the coronavirus pandemic, leading to the justices asking more questions.
When lawyers argue before the Supreme Court, a small white light goes on to tell them when their time is almost expired and then a red light signals when they should stop. But, arguments this term are extending well beyond the red light's cue.
In December, an argument about whether a Colorado graphic artist can refuse to create wedding websites for same-sex couples lasted two hours and 25 minutes. And an important elections case that was scheduled for an hour and a half clocked in at two hours and 53 minutes. Already, a handful of arguments have been longer than any argument the high court heard in the term that ended in June — and that term included major cases on abortion and guns.
When the justices moved back to in-person arguments in their courtroom more than a year and a half later, they returned to the largely free-for-all questioning. Now, however, at the end of each lawyer's time, the justices each get a chance to ask any remaining questions, again in seniority order. That switch led to an average of 18 extra minutes per case last term, said lawyer William Jay, who's been tracking the extra time.
The justices' new format has tripped up some lawyers who are used to the old way of doing business and have moved to sit down when the red light on their podium went on.Longer arguments are, in fact, a return for the court. Early in the court's history, cases could take days to argue. The length of arguments shrank over the years until in 1970, under Chief Justice Warren Burger, it became 30 minutes per side. The court's website claims that's still the case."Typically, the Court holds two arguments each day beginning at 10:00 a.m., each lasting one hour," it says.
Chief Justice William Rehnquist, who was chief from 1986 to 2005, was known for cutting off lawyers and even fellow justices when the lawyer's red light went on.
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