Supreme Court NCAA Argument Brings Unusual Remote Levity

Supreme Court listeners were treated to a rare moment of humor between the justices during remote arguments over whether NCAA student athletes can receive compensation despite their amateur status.

Former Solicitor General Seth Waxman mistakenly referred to Justice Clarence Thomas as the chief justice while presenting the NCAA’s case.

Thomas thanked him for the promotion, noting that he thought he’d do a great job.

“There’s no opening,” Chief Justice John Roberts interjected.

Such interactions are common when the justices are sitting together in the courtroom.

There’s even a Twitter account that keeps tabs on which justices receive the most "[laughter]” during arguments—as such actions appear on the court’s transcripts. The late Antonin Scalia frequently topped that list during his decades on the court.

But there have been fewer laughs while the justices have been hearing arguments over the phone during the pandemic.

Justice Breyer lamented—in a January article in the Journal of Appellate Practice and Process —that one drawback to the court’s remote arguments is that “there rarely is a light moment.”

The remote format limits opportunities for interaction among the justices.

Instead of being allowed to jump into to questioning whenever they wish, the justices are now limited to two-minute intervals to question each advocate. They rarely interrupt each other during these times, except when Roberts intervenes to keep everyone on schedule.

The court is expected to continue to hear arguments remotely in April. There’s been no word whether the justices will return to the courtroom in October, when their new term begins.