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This blog is the work of an educated civilian, not of an expert in the fields discussed.

Friday, April 03, 2020

SCOTUS Watch: More Delays

The Supreme Court had a scheduled conference on Friday and per press reports the justices called in and (at least this is how it was done the last time) Roberts was in conference room. It was also noted the justices are healthy. The press release posted notes the conference ... well, it's short enough to just quote:
In keeping with public health guidance in response to COVID-19, the Court will postpone the oral arguments currently scheduled for the April session (April 20-22 and April 27-29). The Court will consider rescheduling some cases from the March and April sessions before the end of the Term, if circumstances permit in light of public health and safety guidance at that time. The Court will consider a range of scheduling options and other alternatives if arguments cannot be held in the Courtroom before the end of the Term.

The Court will continue to proceed with the resolution of all cases argued this Term. Opinions will be posted on the Court’s Website. The Court is continuing to hold its regularly scheduled conferences and issuing Order Lists.

The Court Building remains open for official business, but most Court personnel are teleworking. The Court remains closed to the public until further notice.
So details like how the conference operates and such is not directly covered. It would make sense to me that it would be, this being a continual message of openness.   SCOTUS had a commentary on possible moves and also on the Friday notice.  The discussion flags that one of the cases, an interstate compact dispute, goes back quite some time. More seriously, perhaps, is the Trump financials (though realistically how likely will it be that they will just find a way to delay some more?) and the faithless electors cases are time sensitive.  But,  even there, they do have time.

Opinion(s) (one was released last time) are expected on Monday.  To toss it out, other courts have various virus related concerns such as dealing with prisoners at risk, voting safety concerns for the upcoming primary in Wisconsin, free exercise claims for stay in place orders that affect religious meetings, perhaps gun shops as well and other issues. Many judges or even courts are working at least in part remotely including for hearings. 

Also in the news, apparently RBG is still doing exercises with her trainer in her usual gym.  This seems a tad bit unwise and she could instead set up a place to do it in her home.  Even if the trainer is limiting things to her alone, it is an unnecessary risk for someone in her upper 80s.  Others are sheltered at home and even trips to the supermarket are iffy for them.  Do the rules not apply to her?  Breyer reportedly is doing well too. 

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