Barrett To Join Supreme Court Arguments For The First Time
Because of the coronavirus pandemic, the high court began hearing cases by phone in May. That means the public won't see the new justice, but they'll be able to hear her if she asks questions, as all her colleagues have been doing. Also because of the pandemic, the court has been allowing the public to listen to arguments in real time, a change from the past.
Participating in oral arguments will be among the first things Barrett will do after being confirmed last week in a 52-48 virtual party-line vote, with
She did not participate in decisions the high court issued last week involving extended timelines for receiving and counting ballots in
The two cases Barrett will hear Monday are relatively low-profile, a dispute involving the Freedom of Information Act and another involving disability benefits for railroad employees. On Tuesday, however, as the country finishes voting, the court's cases include one about sentencing young people to life without parole. And on Wednesday, the day after
Next week brings a case that could threaten the Affordable Care Act, one that was front and center during Barrett's confirmation hearings last month.
The justices have said they will continue to hear cases by phone through at least December. So it’s unclear when Barrett will move in to her offices at the court, taking over the space of her predecessor, Justice
On Monday,
The pandemic has upended other traditions. If the justices were in their courtroom, Barrett would join her colleagues in a round of handshakes before taking the bench, a tradition every time the justices meet for argument or their private conference that was suspended months ago because of the pandemic. Spectators would see her emerge from behind the court's red curtains and take a seat on the far right hand side of the bench, the junior-most justice's seat. She would be seated next to Justice
And while arguments in the courtroom are a free-for-all, with justices constantly jumping in with questions, the court's phone-arguments are more orderly. Each justice gets to ask each lawyer questions in order of seniority. As the junior justice, Barrett will ask her questions last.
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