The Supreme Court justices have been known for their discipline when it comes to talking. But as of late, they've been talking, talking, talking ... sometimes more than doubling their allotted time for oral arguments.
Yet, this term, while most cases were scheduled for 60 minutes total, and three cases were scheduled for 90 minutes or slightly longer, the court, on average for all casesAdditionally, in the big cases, the justices ran long by, on average, 80%. And with three sittings now completed, the trend continues steadily upward.Basically, it dates back to the pandemic lockdown.
When they returned to the bench in 2021, they could now see each other again, but instead of returning to the old discipline, they started to speak longer and longer. And, the system that now exists at the court is that for however long a lawyer has — let's say, a half hour — he or she faces the basic free-for-all that used to exist pre-pandemic.
Although the two previous sittings also had major cases, at this last sitting, the numbers were the worst to date. The big case arguments lasted more than twice as long as scheduled. To be precise, a whopping 107% longer than scheduled.
Indeed, as this reporter once joked,"I hear that there was a major disturbance this morning at Arlington National Cemetery ... it was the late Chief Justice Rehnquist turning over in his grave." But the truth is that while the lengthy arguments make it much more difficult for reporters to meet their deadlines, the justices like it this way. They like that they don't leave an argument with some of their questions unanswered. And therefore the chief justice doesn't impose the discipline of the clock, even when the justices are more than an hour over the allotted time.
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