I agree with the polls sentiments and there is nothing stopping the Supreme Court from conducting business, other than their own obstinacy.
I realize they don’t want to set a precedent for televised proceedings, but that ultimately may be taken out of their hands altogether.
The Supreme Court needs to get back to work and knock out their March and April calendars.
Here is how they do it:
Set up the necessary closed circuit camera and other equipment in either the Justices homes or chambers.
Set up closed circuit receivers for the Supreme Court’s Marshal, Clerk and transcriptionist in the Supreme Court’s Courtroom. Set up closed circuit audio/video for the press in the Supreme Court’s Great Hall, which would be open to the press but closed to the public for the proceedings.
Set up audio/video in the Federal Circuit’s Courtroom, which would be designated for Petitioner’s counsel.
- Set up audio/video in the DC Circuit’s Courtroom, which would be designated for Respondent’s counsel.
Each Justice would be able to see the arguing counsel (only one argues at a time). If a Justice interjects to ask a question of counsel, the other 8 Justices would see that Justice. Counsel would see all 9 Justices, with any Justices asking a question highlighted. The Supreme Court Clerk, Marshal and transcriptionist would see images and audio of all nine Justices and arguing counsel and the press would have the same image and audio.
Argument audio, but not the video, would be made public as usual at the end of the week during which the cases were argued. Argument transcripts are typically available on the Supreme Court’s website the same afternoon as arguments.
This arrangement would protect the Justices, court staff and counsel, but would provide an open and public process. The Justices should implement it and argue ALL the original scheduled cases during the October 2019 Term, which runs until September 30, 2020.