Supreme Court Oral Arguments Lengthen After Pandemic Shift

The Supreme Court of the United States fundamentally transformed its oral argument process following the COVID-19 pandemic. According to a study by Lee Epstein and Eric A. Posner, the court transitioned from traditional proceedings to telephone arguments in 2020, utilizing a structured questioning format based on seniority. Upon returning to the courtroom in 2021, the court implemented a hybrid model that combines this seniority-based sequence with traditional free-form questioning.

This procedural shift has significantly extended the duration of arguments, with average lengths increasing from 60 minutes to nearly 90 minutes. The change has also altered judicial participation patterns. Justice Ketanji Brown Jackson has become the most talkative member of the court, while Chief Justice John G. Roberts Jr. has become increasingly taciturn.

Some members of the court have expressed dissatisfaction with the current state of proceedings. Chief Justice Roberts and Justice Samuel A. Alito Jr. both raised concerns that arguments have become too long and contain excessive speechifying, with Justice Alito noting that some arguments fail to contribute to the decision-making process.