Blind justice: No visual cues in high court phone cases
Legal Events
On the evening before he was to argue a case before the Supreme Court years ago, Jeffrey Fisher broke his glasses. That left the very nearsighted lawyer with an unappealing choice. He could wear contacts and clearly see the justices but not his notes, or skip the contacts and see only his notes.
It wasn’t hard to decide. “I couldn’t imagine doing argument without seeing their faces,” Fisher said.
He won’t have a choice next month. Because of the coronavirus pandemic the high court is, for the first time in its 230-year history, holding arguments by telephone. Beyond not being able to see the justices' nods, frowns and hand gestures, the teleconference arguments in 10 cases over six days present a range of challenges, attorneys said, but also opportunities.
Roman Martinez, who will argue in a free speech case, said the lack of visual cues may change what sense is most important. “Maybe it will concentrate the mind on listening,” he said.
The unprecedented decision to hold arguments by phone was an effort to help slow the spread of the virus. Most of the justices are at risk because of their age; six are over 65. And hearing arguments by phone allows them to decide significant cases by the court’s traditional summer break.
The attorneys arguing before the court include lawyers for the federal government and states as well as those in private practice. Only a few are women. Most have made multiple arguments and are familiar to the justices, although at least one lawyer is giving his first argument before the court. The Trump administration's top Supreme Court lawyer, Solicitor General Noel Francisco, will argue twice.
Related listings
-
Black robes or bathrobes? Virus alters high court traditions
Legal Events 05/01/2020The coronavirus pandemic is forcing big changes at the tradition-bound Supreme Court. The justices will hear arguments this month by telephone for the first time since Alexander Graham Bell patented his invention in 1876.Audio of the arguments will b...
-
Court denies Seattle’s bid for wealthy household income tax
Legal Events 04/04/2020Washington’s Supreme Court has denied Seattle’s bid to reinstate an income tax on wealthy households.In a majority decision, the Supreme Court on Thursday declined to review the city’s request to overturn rulings against the tax by ...
-
High Court declines case of 60s black militant H. Rap Brown
Legal Events 03/26/2020The Supreme Court is declining to take the case of a 1960s black militant formerly known as H. Rap Brown who is in prison for killing a Georgia sheriff’s deputy in 2000.As is usual, the justices didn’t comment Monday in turning away Brown...
Texas Adopts Statewide Texting-While-Driving Ban
Effective September 1, 2017, Texas will become the 47th state to pass a statewide ban on texting while driving. Governor Abbott’s signing of House Bill 62 is an effort to unify Texas under a uniform ban and remedy the “patchwork quilt of regulations that dictate driving practices in Texas.”
The bill specifically prohibits drivers from reading, writing, or sending an electronic message on a device unless the vehicle is stopped. That includes texting and emailing. It does not, however, prohibit dialing a number to call someone, talking on the phone using a hands-free device, or using the phone’s GPS system.
Violations would be punishable by a fine ranging from $25 to $99, to be set by each municipality. Although penalties could rise to as much as $200 for repeat offenders.
Studies have found that a driver’s reaction time is half as much when a driver is distracted by sending or reading a text message. According to state officials, in 2015 more than 105,000 traffic accidents in Texas involved distracted driving, leading to at least 476 fatalities.