Opening
formalities link the current day to the past. The Marshal
or Deputy Marshal acts as Crier. A few minutes before
10 a.m., Crier and Clerk, formally dressed in cutaways,
go to their desks below the ends of the high bench.
Pencils, pens, papers, briefs, and a pewter mug of water
are at each Justices place.
At their
tables, attorneys glance over notes or confer softly.
A young lawyer may fidget slightly, while a veteran
checks his watch. Seconds will count, for today each
counsel has only 30 minutesunless he or she has
a very unusual case. Before each chair at the four counsel
tables lie white goose-quill pens, neatly crossed; most
lawyers appear before the Court only once, and gladly
take the quills home as souvenirs. Snuffboxes, once
indispensable, vanished long ago, along with arguments
that lasted for hours and soared to splendid heights
of oratory.
Meanwhile,
the Justices, summoned by buzzer, gather in their conference
room. Each shakes hands with all the others, even if
they were chatting a few minutes earlier. Chief Justice
Fuller instituted the unvarying custom as a sign that
"harmony of aims if not views is the Courts guiding
principle."
Promptly
at 10 oclock the Crier begins to bring down her
gavel. Everyone rises instantly as she intones: "The
Honorable, the Chief Justice and the Associate Justices
of the Supreme Court of the United States!"
As the Crier
speaks, the nine Justices stride through openings in
the curtains and move to their places. The Crier chants
the call for silence: "Oyez!Oyez!!Oyez!!!" From the
centuries that Anglo-Norman or "law French" was the
language of English courts, the word for "Hear ye!"
survives.
Steady-voiced,
the Crier continues: "All persons having business before
the Honorable, the Supreme Court of the United States,
are admonished to draw near and give their attention,
for the Court is now sitting. God save the United States
and this Honorable Court!"
The gavel
falls again. The Justices and all others take their
seats. Visitors unacquainted with the Court can quickly
check identifications against seating charts. In the
center sits Chief Justice John G. Roberts, Jr., who began his Supreme
Court career as a law clerk to Associate Justice William H. Rehnquist. Seniority
determines the seating of the eight Associate Justices,
alternating between the Chiefs right and his left.
Argument
is easier for all to follow since the Justices approved
a change in the shape of their bench. "I remember when
I used to argue cases here," a senior lawyer recalls.
"I would get two questions at once, from opposite ends
of the benchthe Justices couldnt see or
hear each other." In 1972 the shape of the bench was
altered to its present shape, with two wings each set
at an 18-degree angle, a form that has been widely used
in American courts since the mid-1950s.
Even the
technical cases can stir alert attention as the lawyer
begins"Mr. Chief Justice, and may it please the
Court
"and develops his or her theme"
insurance
companies are entitled to justice like anybody else
"
The questions start: brisk, no-nonsense queries from
the Justices.
At times
the proceedings seem much like an advanced seminar in
constitutional law, with Justices and attorneys exchanging
points of law and citing precedents. At other times
the exchange is more like a cross-questioning, as when
Justice Scalia probes into an attorneys equivocal
answers and concludes, "You say maybe yes, maybe no,
you just dont know."
An attorney
used to this Court may take an unwelcome idea in stride:
"Possibly, your honor, but I would suggest
." Or
suavely field a question on what Congress intended in
a statute: "
the Congress does many things that
I wonder at
."
With veiled
ruefulness a lawyer remarks, "I see my time is running
short"; or the Chief Justice may offer a gentle reminder,
"Counsel, you are now using up your rebuttal time."
Or the other way around: "We have taken up much of your
time with our questions; we will give you six more minutes."
When a red light glows on the lectern, the Chief Justice
says, "Thank you, Counsel, the case is submitted."