by Josh Gerstein
The Supreme Court has indefinitely delayed arguments in more than a dozen cases scheduled later this month and early next month — an extraordinary move triggered by concerns about the spread of the coronavirus.
Among the cases being postponed are a high-profile trio of disputes over access to President Donald Trump's financial records. The cases, involving Trump's objections to demands from House committees and a New York grand jury, were scheduled to be heard on March 31.
A major software-related copyright dispute between tech titans Google and Oracle set for March 24 is also affected by the delay.
The justices are typically loath to postpone arguments even under very challenging conditions. When most of official Washington shuts down for snowstorms, the court typically convenes anyway and expects lawyers to be ready to argue.
In a statement issued Monday morning, the court said the upcoming arguments — set to take place over six days between March 23 and April 1 — were being put off "in keeping with public health precautions recommended in response to COVID-19."
"The Court will examine the options for rescheduling those cases in due course in light of the developing circumstances," the statement said.
The court said it plans to remain open for official business and is maintaining filing deadlines in all cases, but is trying to use "remote working capabilities" to reduce the number of employees in the building. The court announced last Thursday that it was closing to public tours and visitors indefinitely.
Courtwatchers had speculated in recent days about steps the court could take to reduce the risk of transmitting the virus, particularly given the fact that several of the justices are in the elderly age group that appears to suffer the most severe effects from the highly contagious illness.
Six of the nine justices are 65 or over. Justice Ruth Bader Ginsburg is 87 and has suffered from several bouts of cancer. Justice Stephen Breyer is 81.
The court's statement announcing the delay cited historical precedents for the action, but had to reach back more than a century to find them.
The justices delayed arguments in October 1918 in response to the Spanish flu epidemic and curtailed its argument calendars in August 1793 and August 1798 in response to yellow fever outbreaks, the statement said.
The justices typically deliver their final opinions of the term by the end of June, but they are not legally required to do so. It is unclear whether and how the delay will affect opinions expected in other cases. The court can release opinions without an in-person sitting, but rarely does.
Among the opinions expected in the coming months are rulings on Trump's decision to rescind the protections for so-called Dreamers and on whether existing civil rights laws prohibit discrimination on the basis of sexual orientation.
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