What was the first telephone oral argument before SCOTUS?
U.S. Patent and Trademark Office v. Booking.com B.V. (May 4, 2020). SCOTUS made history in 2020 by taking the oral arguments remote due to the COVID-19 pandemic.
What was the first audio-recorded oral argument before SCOTUS ever?
Honestly... not sure. But! It was definitely during the October 1955 term! It might have been Mississippi v. Lousiana or Texas v. New Me
xico (both took place on October 10, 1955, which appears to be the first hearing of the term). This means that the Warren Court was the first ever to have audio recordings. The recordings are maintained by the National Archives and Records Administration. Prior to 2010, the recordings from the term were not available until the beginning of the next term. Until recently, the recordings were available at the end of each argument week. Today, due to the teleconference-style hearings that started in light of the COVID-19 pandemic, the hearings are broadcast live on C-SPAN and available for review immediately after the hearing.
The teleconference-style hearings introduced some interesting moments in the 2019 and 2020 terms. Some of the notable moments include:
1. Justice RBG was able to participate in a hearing from her hospital room after gall bladder surgery.
2. During the hearing for Barr v. American Association of Political Consultants, Inc (May 6, 2020) you could hear a toilet flush in the background. (1hr 12m 54s). It is still a mystery who was responsible!
3. Justice Thomas asked more questions than ever before! Justice Thomas is known for being the silent member on the bench, going years without asking a single question. Due to the new hearing procedures - in which each Justice is granted 3 minutes to ask questions in order of seniority - Justice Thomas finally takes part in the conversation. Our favorite question was during Colorado Department of State v. Baca when Justice Thomas asks what would happen if an elector chose to vote for Frodo Baggins. (37m 36s).
But the fun doesn't stop there. The history of audio-recorded arguments has captured many gems. Here are a few of my favorites:
1. Bush v. Gore (37m 51s) J. Scalia reminds the advocate of his name by stating, “I’m Scalia.”
2. Kerry v. Din (opinion) (4m 50s) J. Scalia calls Ginsburg, "Goldberg," and Breyer can't control his laughter.
3. Kansas v. Colorado (33m 15s) The advocate addresses J. Souter as Ginsburg, and Souter is flattered.
4. Yates v. United States (7m 25s) J. Scalia assists J. Kagen in pronouncing a latin term.
5. Central Va. Community College v. Katz (43m 20s) New Chief Justice, John Roberts, and the bench experience a Halloween surprise.
Finally, if you enjoy parsing through data as much as we do, check out this paper: A Computational Analysis of Oral Arguments in the Supreme Court by Gregory M. Dickinson.
Check out Ep. 17 to hear all these great moments!
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