Phoning it in: Pandemic forces Supreme Court to hear cases in a new way

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Phoning it in: Pandemic forces Supreme Court to hear cases in a new way
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In a first, U.S. Supreme Court justices are set to participate in arguments in 10 cases conducted by teleconference rather than in person to fight the spread of the coronavirus pandemic

The building of the U.S. Supreme Court is pictured in Washington, D.C., U.S., January 19, 2020. REUTERS/Will Dunham

The cases include one of the biggest disputes of the court’s current term - whether President Donald Trump, arguing for expansive presidential powers, can keep his financial records including tax returns secret. Three cases will be argued on the subject on May 12, two involving congressional subpoenas to third parties for his records and one involving a subpoena by a local prosecutor in New York City in a criminal investigation into Trump and his family real estate business.

Arguments often are rough and tumble affairs - intellectually speaking - in the grand marble-columned courtroom, with the justices interjecting their comments at any time and sometimes talking over one another. To avoid chaos, the court has tweaked the format for the teleconference arguments so justices will take turn asking questions in order of seniority.

Gershengorn will be interacting with the justices sight unseen. So, despite the seriousness of the case, he said he plans to wear casual clothes - jeans and a T-shirt - instead of his usual formal suit. The Supreme Court building has been closed to the public since March 13 due to the pandemic. The justices have met only via teleconference, and have issued rulings only online.

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